Over three years after Fort Lauderdale police officer Eliezer Ramos shot a foam rubber bullet into the face of LaToya Ratlieff, a federal judge ruled that the officer’s defense of “just-following-orders” does not afford him qualified immunity from Ratlieff’s civil rights lawsuit against him.

The recent ruling means that Ramos may not enjoy the protection from personal liability that is usually afforded public officials facing civil lawsuits.

In the wake of the killing of George Floyd in Minneapolis and the marches across the country that soon followed, some of which spawned violence, Ratlieff took to the streets of Fort Lauderdale to peacefully protest on May 31, 2020. As she was leaving the rally, Ramos shot a rubber bullet into the crowd, striking Ratlieff just above her right eye.

In May 2022, Ratlieff filed a federal civil rights lawsuit against the city of Fort Lauderdale, the Fort Lauderdale Police Department, Ramos and several other officers. The 36-page complaint alleges that the hard projectile caused “serious and permanent eye damage, neurological injuries, and other directly attributable physical and emotional injuries.”

Ratlieff is alleging violations of the First, Fourth and 14th amendments. She also accuses officers of battery for both the use of impact projectiles and tear gas as well as negligence in the use of impact weapons.