SWAT Flashbang Lawsuit Proceeds

Judge Rules Omaha SWAT Officer Must Face Trial Over 2020 Flashbang Incident

Omaha SWAT officer, Riley, won a key ruling in a lawsuit against him over a flashbang incident in 2020. The incident occurred during a protest against the deaths of Native American men Floyd and Zachary Bear Heels who died in Omaha police custody. The protest turned violent when Riley and another officer approached the crowd to help with crowd control. The judge denied Fitil's claim of immunity, stating that a jury should decide if Riley's use of the flashbang was reasonable. Fitil sued Riley, the City of Omaha and Omaha Police Chief Todd Schmaderer under a federal civil rights law, alleging that they violated his First Amendment right to peaceably speak and assemble and violated his Fourth Amendment protection against unreasonable seizures. Senior U.S. District Judge Joseph Bataillon allowed the First and Fourth Amendment claims against Riley to proceed, finding that the facts disputed were significant enough to let a jury decide.

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