Woman hit with ‘rubber bullet’ during Seattle protest settles lawsuit

SEATTLE – A woman who was struck in the eye with a so-called “rubber bullet” fired by a Washington State Patrol trooper during a 2020 Black Lives Matter protest has settled a lawsuit for $825,000, according to court records.

Nikita Tarver had originally sued the Seattle Police Department, believing an officer from that agency had fired the projectile at her when she raised a sign bearing the names of police violence victims.

Discovery during the federal civil-rights lawsuit, filed in 2022, showed it was fired by Washington State Patrol Trooper Nick King, who was among a group of troopers called in to support the Seattle Police Department during the demonstrations. King was dismissed from the lawsuit when it was settled and was not disciplined, according to court records.

Tarver’s lawsuit alleged she was the only Black person standing in a crowd of white protesters demonstrating over the murder of George Floyd by a Minneapolis police officer.

Mike Faulk, a spokesperson with the state attorney general’s office, said the settlement did not include any admission of liability.

Tarver’s attorney, Jesse Valdez, said Tarver suffered permanent damage to her eye. Other than acknowledging the settlement, which was finalized May 28, he said his client had no additional comment.

Tarver was likely struck with a 40 mm foam-tipped projectile, according to the lawsuit. It was one of several “less-lethal weapons,” like blast balls, tear gas and pepper spray, a federal judge later enjoined Seattle police from using against nonviolent protesters – finding officers were likely violating the civil rights of thousands of people who swarmed into the streets to protest police violence in the wake of Floyd’s murder.

Those foam-tipped rounds can cause serious injury, and their manufacturer warns against firing them at people’s heads.

In addition to alleging officers violated her civil rights, the lawsuit also contains allegations of assault, negligence and outrage.

The lawsuit was one of dozens of legal actions filed by the mostly nonviolent protesters claiming police used unnecessary and excessive force during the 2020 protests.

Tarver described herself as a social justice advocate who had never participated in a protest before being compelled to join thousands of demonstrators who massed in downtown Seattle on May 30, 2020, to decry Floyd’s murder.

The lawsuit claims Tarver and a friend were walking back to their car after listening to speakers when Tarver hoisted a sign depicting the names and identities of other victims of police violence.

“Within seconds of holding her sign up so that it could be seen, Nikita felt a blast in her left eye,” the lawsuit says. “Nikita screamed out in terror. Her entire face felt like it was burning and she felt like she was going to lose her eye.”

The lawsuit says Tarver “had never experienced this level of pain in her life.”

Tarver’s friend drove her to Harborview Medical Center, where she was treated for an eye injury that required surgery.