A pair of civil rights lawsuits brought by two Black men against Burlington police officers can proceed, a federal judge ruled this week.

The City of Burlington had asked Judge William Sessions to rule in its favor by providing something known as summary judgment in both cases. But Sessions denied the motion and will allow Jérémie Meli and Mabior Jok to pursue their excessive force claims related to separate downtown incidents in 2018.

The U.S. District Court judge did toss several other parts of the lawsuits, including claims brought by two of Meli's brothers, who were with him the night of the incident.


The city sought to dismiss both lawsuits on several grounds, including that the officers were protected by the judicial doctrine of qualified immunity. The principle often prevents people from winning lawsuits against public officials who violate their constitutional rights, unless previous cases have “clearly established” the conduct was a violation.

Critics, including civil rights and police reform advocates in Vermont, have pushed for an end to the doctrine, arguing that it unfairly limits victims of police violence who sue individual officers that harmed them.
Sessions did determine that the Burlington officers' actions violated clearly established law — if Meli and Jok can prove certain facts at trial.

"Taking an arrestee to the ground who is not violent, resisting, or posing a threat to officers or the public violates clearly established law,” Sessions wrote in the Meli ruling, one of a pair of 60-page orders.

The ruling means that the bulk of the claims can proceed to trial. Among them: that the city failed to properly train, supervise, and discipline its officers, and that former chief Brandon del Pozo is liable due to his position as a supervisor at the time.
The Melis' attorney, Evan Chadwick, said he and his clients are pleased with the decision and intend to take the case to a jury. He described the incident as one of the most well-documented excessive cases ever in Vermont, and noted that body camera footage has proven pivotal.

"I think that this decision is not only incredibly useful for us, but for everyone moving forward," Chadwick said. "Everyone in Vermont who is concerned about excessive force should read this decision, and lawmakers should be the first."

Burlington City Attorney Dan Richardson, speaking specifically to the Meli case, said the city still has viable legal defenses but is "pursuing all options to come to what we think is a fair and just resolution of this issue."

"The case represents a very sad outcome of events," he said, "and it certainly shouldn't be lost that the city does have a great deal of sympathy for the injuries these people suffered."

Last year, the city reached a $45,000 settlement with the wife of a man who died after a Burlington police officer punched him in the University of Vermont Medical Center ambulance bay in 2019.

Read the full order in the Meli case below: