A man who was hit by a rubber bullet that exploded his testicle has filed a lawsuit against LAPD. Ben Montemayor was taking part in a peaceful protest, and after he was shot, he had to get emergency surgery.
He explained that the doctor was concerned that any waste of time would result in him losing his testicle entirely.
Montemayor shared this news on Instagram.
He explained that they were peacefully protesting in June last year against brutality in Hollywood after George Floyd was murdered during his arrest in the preceding month of May.
During the protest, an LA police officer shot him in the groin using a rubber bullet. However, according to the LAPD Use of Force Review Board, the officer had a right to shoot the 29-year-old.
Montemayor filed the lawsuit on April.
According to his lawsuit, Ben was holding a sign asking that the LAPD be defunded. He also said that he had not heard the dispersal order when the police were advancing towards them.
The lawsuit explains that he was standing there, unarmed, not resisting arrest, and not posing any threat to anyone around him. However, he was violently shoved while another officer who was less than ten feet away aimed at him and shot him in the groin "with a high-speed plastic, hard foam projectile."
After he was shot, his testicles were swollen and were as big as a grapefruit. He had to have an emergency surgery.
The operation involved having to piece back together portions of his testicle because it had exploded.
In the Instagram post, he explained that he had to get emergency surgery to avoid losing his testicle.
According to the lawsuit, Montemayor also underwent physical therapy. He has also experienced emotional distress such as flashbacks to the incident which, according to him, is a "horrific example of unjustified police abuse" as well as "retaliation meted out violently against peaceful protesters."
As per LAPD policy, the police officers should have only used projectiles when dealing with protesters who pose a physical threat to them.
Montemayor's wish is to have LAPD held to account for their actions so that protesters can be safer from similar actions in the future.
While speaking to the media, he explained that the rubber bullets are used irresponsibly and excessively and should not be downplayed.
His attorney, Dan Stormer, echoed his sentiments by explaining that "a civilized society cannot survive if the police are allowed to run wild in the streets." The lawyer concluded by saying that the LAPD was out of control.
It is not clear how this case will turn out. However, it seems like the LAPD does not think it did anything wrong despite the serious physical harm inflicted on Montemayor by the rubber bullet.