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Protester files claim against DC National Guard, saying she was injured by low-flying helicopter during Floyd protest

Louisiana National Guardsmen from Delta Company, 2-151st Aviation Regiment conduct recertification training on a LUH-72 Lakota helicopter hoist system used for rescue operations at the Hammond Regional Airport ahead of Hurricane Laura on Aug. 25, 2020.

TOBY VALADIE/LOUISIANA NATIONAL GUARD

By SPENCER S. HSU | The Washington Post | Published: October 14, 2020

WASHINGTON — The American Civil Liberties Union of the District of Columbia filed an administrative claim against the D.C. National Guard for damages Wednesday on behalf of a woman who says she was injured by the military’s aggressive use of helicopters to disperse protesters in Washington.

Dzhuliya Dashtamirova, 23, of Baltimore, said she was caught in storm-force winds created by the rotor wash of guard helicopters that hovered below the tops of buildings and followed crowds between Gallery Place and Judiciary Square the evening of June 1.

The complaint seeks damages of $200,000 under the Federal Tort Claims Act for physical harm and ongoing psychological injuries it says Dashtamirova sustained from an intimidation tactic that lawmakers and human rights activists say has been deployed against insurgents in Iraq and Afghanistan.

Dashtamirova traveled from Baltimore with her roommate to demonstrate peacefully for racial justice after the killing in May of George Floyd in Minneapolis police custody, the complaint said. After the helicopter appeared over the protest, the claim asserts, she experienced eye irritation for several days and continues to experience mental and emotional trauma including anxiety, insomnia and intensified migraine headaches.

“My eyes and skin were burning from all the debris flying everywhere,” Dashtamirova said in a statement released by the ACLU. “I couldn’t see anything. It was terrifying and felt like a warning to people who believe in racial justice that if we say things the government doesn’t like, it will use the full force of the military against us.”

In a statement, ACLU lawyer Michael Perloff called the move “a dangerous, unprecedented show of force” against Americans exercising First Amendment rights.

“The streets of D.C. are not a war zone, and protesters are not the enemy,” Perloff said. “Our government should stop treating them that way.”

The D.C. National Guard did not respond immediately to a request for comment. The military has six months to respond to the complaint. If it denies the claim or does not respond, the plaintiff may file a lawsuit in federal court.

Two helicopters from the D.C. Guard flew low over protesters on June 1. One of the helicopters, a UH-72 Lakota, hovered an estimated 45 feet over the heads of protesters, according to a Washington Post analysis using 3-D modeling, videos and photos.

The Lakota, a medical evacuation helicopter, was adorned with red crosses. Military law experts and human rights groups criticized its use, saying the red cross is a symbol of global mercy and inconsistent with what has been described widely as maneuvers to intimidate. The incident is under investigation by the D.C. Guard.