AUSTIN (KXAN) — A man who is deaf is suing the City of Austin, claiming an unidentified Austin Police Department officer shot him multiple times with non-lethal rounds without notification while he was on the ground during a May 2020 protest.

The lawsuit says Tyree Talley was protesting across the street from APD headquarters on Eighth Street on May 31, 2020. He felt a bullet go by his ear but was then hit in the groin before he could react. That’s when Talley collapsed from the pain in the street.

“Officers also failed to follow protocol required and failed to utilize services available to
the APD when interacting with a deaf civilian,” the lawsuit reads. “No attempt was made by police to communicate to Tyree that he was required to clear the area.”

The lawsuit then says Talley was shot 10 more times while he was on the ground in the fetal position. Some bystanders helped Talley to safety.

The lawsuit says he sustained injuries to his thighs, shoulder, elbow and right ankle.

“[Talley] was unable to take care of himself or perform daily tasks, much less work, for weeks
due to the pain,” the lawsuit reads.

It claims the excessive force was ‘objectively unnecessary,’ especially since Talley did not pose a threat to anyone, and he was already on the ground unarmed.

Talley is suing for past and future pain and mental anguish as well as medical expenses.

The City of Austin released a statement to KXAN Tuesday, saying, “as with all of the claims and lawsuits the City has received related to the summer protests, we will handle it respectfully and fairly. Each case is different, and we will review the facts and circumstances and advise our clients as appropriate.”