In a significant development nearly two years after the tragic police shooting of environmental activist Manuel “Tortuguita” Paez Terán, the 26-year-old’s family has filed a federal lawsuit against three officers involved in the deadly raid. The complaint, announced by attorneys on Tuesday, alleges serious constitutional violations and sheds new light on the controversial events that unfolded in a forested public park near Atlanta on that fateful January morning in 2023.
Lawsuit Claims Violation of Fourth Amendment Rights
At the heart of the lawsuit are allegations that the officers, hailing from the Georgia Bureau of Investigation and State Patrol, violated Paez Terán’s Fourth Amendment rights during the early morning raid on the activists’ campsite in Intrenchment Creek Park. According to the complaint, the law enforcement operation was ostensibly aimed at clearing out “criminal trespassers” in the area, despite the fact that the park was public land with no posted restrictions on camping or access.
The lawsuit points out the glaring discrepancy between the park’s ownership by DeKalb County and the adjacent site of the planned police training center, known as “Cop City,” which is owned by the City of Atlanta. This key detail forms the basis for the complaint’s assertion that the officers had no legal grounds to threaten Paez Terán and other protesters with arrest that day.
Pattern of Escalating Raids and Excessive Force
The lawsuit further alleges that the three named officers were part of a disturbing pattern of increasingly aggressive raids targeting the broad coalition of activists opposed to the Cop City project. It specifically accuses two of the officers of employing excessive force by firing pepper balls into the tent where Paez Terán had been sleeping, creating a terrifying and life-threatening situation for the trapped activist.
“Any person trapped inside a tent that is filled with [pepper balls] would reasonably believe that they were going to die,” the complaint states. “At the time … [the officer] shot pepper balls into Manuel’s tent, Manuel had not engaged in any crime.”
First Amendment Retaliation and Lack of Transparency
Beyond the Fourth Amendment claims, the lawsuit asserts that the officers’ actions amounted to retaliation against Paez Terán for exercising their First Amendment rights in protesting Cop City. It frames the tragic shooting as the culmination of a concerted effort by law enforcement to portray Cop City opponents as domestic terrorists and quash the protest movement.
Complicating matters further is the glaring lack of transparency surrounding the shooting itself. None of the officers involved were wearing body cameras, and the Georgia Bureau of Investigation has steadfastly refused to release its investigative files, even after deeming the shooting justified. While the agency claimed that Paez Terán had fired first, wounding an officer, the absence of clear evidence has only fueled doubts and speculation.
“We don’t know,” attorney Brian Filipovits said when asked about the alleged exchange of gunfire. “That’s our goal with this lawsuit: to get information for the family and, if someone is liable, hold them responsible.”
A Tragedy That Galvanized a Movement
The death of Manuel Paez Terán, known to friends as Tortuguita, sent shockwaves through the activist community and beyond. As the first known fatal police shooting of an environmental protester in U.S. history, it galvanized the movement against Cop City and cast a harsh spotlight on the tactics employed to suppress dissent.
In the nearly two years since that tragic day, the fight against the $90 million police training complex has only grown in intensity and scope. Opponents, hailing from a diverse array of social and environmental justice groups, have rallied around shared concerns about police militarization, destruction of forest habitat, and the disproportionate impact on communities of color.
As the lawsuit brought by Paez Terán’s family wends its way through the courts, it is sure to be closely watched by activists, civil liberties advocates, and a public increasingly attuned to issues of police accountability and the right to protest. While the road ahead is certain to be long and emotionally fraught, the case may offer the best hope yet for shedding light on the troubling events of that January morning and securing a measure of justice for a life cut tragically short.
With Cop City construction still forging ahead and tensions between activists and police showing no signs of easing, the outcome of this lawsuit could have profound implications not just for Paez Terán’s loved ones, but for the very future of protest and dissent in an increasingly turbulent America.
