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Seattle police officer clobbered by concrete slab in May Day protests files claim

BY JENNIFER SULLIVAN, KOMO News THURSDAY, JUNE 23RD 2016

Officer Kerry Zieger was injured while working Seattle's May Day protest. Photo courtesy of Cline & Associates.

SEATTLE -- A Seattle police officer who was hit in the head with a slab of concrete during the May Day protest downtown has indicated that he intends to sue the City of Seattle.

According to the claim for damages, which was released by Officer Kerry Zieger's attorney, the department failed to outfit him with proper protective equipment and they did not issue a proper dispersal order once violence broke out.

Nine people were arrested and five officers were hurt during this year's May Day protests.

"Kerry Zieger followed orders to intervene without the right gear out of a sense of duty, but his serious head injury is the consequence of the City's failures to maintain proper equipment," his lawyer Erica Shelly Nelson wrote in a news release.

Zieger could not be reached Thursday for comment. In the claim for damages, his attorney said he was attempting to protect himself when a protester "launched a large chunk of concrete and it forcefully struck him on his forehead."

"Officer Zieger suffered a serious forehead injury, requiring him to take over a month off work, and resulting in residual symptoms, including forehead numbness, head pain, throbbing, and headaches," Nelson wrote.

Seattle Police spokesman Sgt. Sean Whitcomb said the department is happy the 16-year veteran is back to work, but he declined to comment any further. On Thursday, Seattle Police Chief Kathleen O'Toole said she hadn't seen the claim and is most concerned for the officer's well being.

Zieger contends that he was wearing an outdated style of bike helmet while he was patrolling the protest on two wheels. Police say that a small fraction of the officers on patrol that day were wearing the old-style helmet, Zeiger was one of them.

Less than 24 hours after the protest, Chief O'Toole sent an email to Zieger about his concerns over the helmets. The email was released by Nelson on Thursday.

"The helmets are a small investment to better protect our people," O'Toole's email said. "Although too late to prevent your own injury, we hope to get expedited delivery of additional 30 helmets this week."

The helmet Zieger was wearing only covered his head, while the new helmets wrap around the base of the neck and around the chin.

Seattle Police Officers' Guild President Ron Smith said Zieger has the legal right to file a claim.

"My concern is always does the department adequately issue equip to protect officers," Smith said to KOMO.

Zieger's lawyer has 60 days to file a formal lawsuit. The claim for damages does not say how much Zieger is seeking in damages.

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