ST. LOUIS (St. Louis Record) – A St. Louis man who is a member of the National Guard recently filed a federal suit claiming his rights were violated when he was pepper sprayed and arrested during protests last year that followed the acquittal of former city police officer Jason Stockley on murder charges.
National Guard Lt. Col. Brian Baude, who lives in the downtown area, filed the suit Sept. 17 in the U.S. District Court for the Eastern District of Missouri claiming his rights, including rights under the Fourth and 14th amendments were violated by the city of St. Louis and several members of the St. Louis Metropolitan Police Department (SLMPD). Baude filed his lawsuit on the one-year anniversary of his arrest during the protests over Stockley's acquittal in the 2011 fatal shooting of Anthony Lamar Smith.
"Even though he did not break any laws, was fully compliant, and even offered to assist police officers, Mr. Baude was unlawfully pepper sprayed, assaulted, and arrested by SLMPD officers," the lawsuit said. "His relationship with law enforcement prior to this incident was characterized by trust, admiration and respect. As a result of the SLMPD officers’ action, he now fears exercising his First Amendment rights."
In the lawsuit, Baude said he left his apartment on Sept. 17, 2017, to photograph and document vandalism during the protests.
Baude said in his lawsuit that his goal the day of his arrest was "to act as a neutral observer safeguarding the truth, and he wanted to help protect the community." Baude claimed that during his travels amid the protests, he recorded damage and was heading back home when he "encountered another line of police officers and a group of citizens" near the 1100 block of Locust Street.
"Mr. Baude approached another officer in line across Tucker south of Washington and asked if there was anything he could do to be helpful," Baude said in his lawsuit. "The officer grabbed him by the lapels and shoved Mr. Baude back into the intersection."
Baude claims he became one of a group of people forced into a police "kettle," a form of law enforcement detention, pepper sprayed, "kicked, beaten and dragged" and otherwise assaulted.
"Over 100 people were arrested that night," Baude said in his lawsuit. "During and after the arrests, SLMPD officers were observed high fiving each other, smoking celebratory cigars, taking selfies on their personal phones with arrestees against the arrestees' will, and chanting 'Whose Streets? Our Streets!'"
Baude's lawsuit has been assigned to U.S. District Judge Patricia L. Cohen. Baude demands a jury trial and a judgment against all defendants for compensatory damages, punitive damages, attorneys' fees, expenses, costs, and for any other relief the court deems just and appropriate.
The case was filed on Baude's behalf by St. Louis attorneys James R. Wyrsch, Javad Khazaeli and Kiara Drake under case No. 4:18-cv-01564-PLC