Two years ago, freelance photographer Chris Rusanowsky kissed his 1-year-old boy goodbye, grabbed his camera gear and headed out for an assignment in downtown Dallas.
Later that night, he found himself in a Dallas jail cell wondering when he would see his family again.
Rusanowsky was among at least 156 journalists arrested nationwide while covering historic protests after George Floyd’s murder. On Monday, Rusanowsky became at least the 50th journalist to file a lawsuit alleging that his First Amendment rights were violated for doing his job, according to the U.S. Press Freedom Tracker, a project of the Freedom of the Press Foundation headquartered in New York City.
Rusanowsky, 32, had captured Dallas police Sgt. Roger Rudloff blasting pepper balls into the breast of a Latina protester, Jantzen Verastique. He also took photos of Rudloff shoving another protester to the ground by his ponytail.
The photographer, who was on assignment for California-based ZUMA Press and wore visible credentials, alleges in his suit against Rudloff and the city of Dallas that the sergeant jailed him overnight in retaliation for taking photos of his “use of force on two defenseless protesters.’’
The Dallas Police Department failed to properly supervise and train Rudloff before the protests, the lawsuit says. Rusanowsky and his Dallas lawyer, Michael Shapiro, did not specify what damages they are seeking but told The Dallas Morning News they want a court judgment that deters future arrests of journalists and compensates Rusanowsky for his anxiety and the work he missed.
“For me, this suit is starting a conversation that I hope will persuade the police to let journalists do their work without fear of being jailed,’’ Rusanowsky told The News. “We live in America, and press rights are things we hold dear in our culture.’’
Police Chief Eddie García and other city officials declined to comment on the lawsuit. Rudloff, a 27-year veteran of the department, did not respond to a request for comment. Rudloff remains on the force but on restricted duty pending completion of an internal affairs case examining his actions against Verastique.
Another Dallas freelance journalist, Steven Monacelli, filed a similar lawsuit in federal court in October. Monacelli, who also carried press credentials during the protests, was struck in the leg by a crowd-control projectile, then detained along with hundreds of demonstrators who packed the Margaret Hunt Hill Bridge on a separate evening that week.
Monacelli and the bridge protesters avoided jail after public officials quickly criticized the arrests. Shapiro, who also represents Monacelli, said his suit is in its early stages and the names of the officers who detained him are unknown.
Police launched a criminal inquiry into Rudloff’s actions against protesters after The News published an investigation of Rudloff in August 2020 featuring Rusanowsky’s photos as well as other images documenting the encounter. Another News investigation last year disclosed that Rudloff had drawn at least 18 allegations of abuse, mostly from Black and Latino residents, since he joined the department yet rarely was disciplined.
In March 2021, police investigators declined to refer a criminal case to Dallas County District Attorney John Creuzot’s office for prosecution, though legal experts who reviewed evidence compiled by The News said it was strong enough to establish that Rudloff committed assault against Verastique.
Creuzot’s office unsuccessfully sought a grand jury indictment against the sergeant in October. At the time, Rudloff’s lawyer, Robert Rogers, praised the jury, saying his client’s actions were “lawful and appropriate.’’
Dallas police leaders said the internal affairs investigation into Rudloff’s actions against Verastique had been suspended until the criminal case was resolved. The internal affairs probe is now complete; however, Rudloff’s commanders have yet to act on its findings, officials told The News on Friday.
Meanwhile, other legal actions against Rudloff and the city are moving forward.
Dallas civil rights attorney David Henderson, who is representing Verastique in a pending lawsuit against Rudloff and the city, recently won a judge’s decision to question Rudloff’s bosses under oath. The city is challenging that ruling.
Senior staffers at the U.S. Press Freedom Tracker said they are unaware of any officers nationally being convicted for arresting or assaulting a journalist during protests in the aftermath of Floyd’s murder.
Most lawsuits are pending, and some settlements have not been publicly disclosed. Yet some journalists have won remedies. In Omaha, Neb., journalists won restrictions on the city’s use of crowd-control munitions such as pepper balls and rubber bullets. In Minnesota, journalists assaulted by state patrol officers received $850,000 in a settlement, as well as a permanent injunction barring the officers from targeting members of the media.
“My guess is that we’ll see some more wins in some places,’’ said Kirstin McCudden, vice president of editorial for the Freedom of the Press Foundation. “But systemic change will be something else.’’
Since his arrest, Rusanowsky said he has struggled to overcome persistent anxiety about assignments where police might be present. If he can help other journalists avoid unwarranted arrests, he’ll be satisfied.
“If there’s one place you should feel safe from the police, it’s your own country,’’ Rusanowsky said.
