Ewan Leask was struck in the head by a 40mm foam projectile fired by Officer Jeffrey Pennaz from the roof of Minneapolis' Third Precinct during protests two days after George Floyd's death. Leask, who was recording the demonstration from an AutoZone parking lot 178 feet away, suffered a laceration requiring staples after the projectile hit him despite being obscured from the officer's view by a large tree and traffic light.
Circuit Judge Steven Kobes wrote that Officer Pennaz didn't violate Leask's Fourth Amendment rights because there was no intentional seizure, noting the launcher's effective range was only 131 feet and "Officer Pennaz didn't intend to hit Leask." The court relied on body camera footage showing Pennaz couldn't see Leask when he fired at protesters throwing water bottles, with Leask's own expert testifying it was "unlikely [Officer Pennaz] would be able to hit his intended target at that distance."
U.S. District Judge Nancy Brasel had granted summary judgment to the defendants on federal claims and declined to exercise supplemental jurisdiction over state negligence claims. Leask had sued under Section 1983 alleging excessive force, First Amendment retaliation, and state tort claims against both Pennaz individually and the City of Minneapolis.
The ruling reinforces that accidental police shootings don't constitute Fourth Amendment violations without intent to restrain the specific victim. The decision leaves open Leask's state-law negligence claims, which were dismissed without prejudice when the federal court declined supplemental jurisdiction.