A case brought by a Baton Rouge police officer against a Black Lives Matter protester and supporter for an incident at an Alton Sterling protest in 2016 has been dismissed by a federal judge.
Louisiana Middle District Court Judge Brian A. Jackson ruled Wednesday against John Ford, who suffered an injury during the protest and filed a civil suit against civil rights activist DeRay Mckesson.
Ford claimed Mckesson was responsible for the injury, which the officer suffered during the span of the demonstration on July 16, 2016.
While Ford claims Mckesson was directing the protest and is thus responsible, the judge disagreed and said the suit fails under Louisiana law.
"There is no evidence that (Mckesson) 'was in charge of the protests' or that 'he was seen and heard giving orders throughout the day and night of the protests,'" Jackson wrote in his decision.
The judge also said there was no evidence that the activist incited violence or criminal conduct during the protest.
"In practically every way, (Ford's) evidence has fallen short of his allegations," Jackson wrote.
The suit, filed against Mckesson and Black Lives Matter — which was later dismissed as a defendant — claims Ford was injured when he was struck in the face with debris thrown during the demonstration when protesters made their way onto a Baton Rouge highway. In his original complaint, Ford said he lost teeth and suffered a brain injury.
Even if Mckesson had led protesters onto the roadway, the judge said he still could not be at fault for Ford's injury under Louisiana law.
"(Ford) cannot establish that (Mckesson) merely leading some individuals onto the road at some point during a protest could cause an unidentified person to hit (Ford) in the face with concrete at some other time," Jackson wrote.
Wednesday's ruling against Ford is not the first in the case's history.
In September 2017, the court dismissed the case with prejudice and said there was no plausible claim against Mckesson.
Ford quickly appealed that decision, but the appeals court affirmed the previous decision, causing the plaintiff to appeal again. The U.S. Supreme Court, the Louisiana Supreme Court and local courts have all held opinions on the matter.
Jackson's ruling Wednesday was the result of a request by Mckesson for a summary judgment for the case.
The judge cited previous rulings and said the theory posited by Ford's attorney "clashes head-on with constitutional fundamentals."
