PHOENIX (3TV/CBS 5) - The man shot with a pepper ball in the groin by police at a Trump protest in August of 2017, just filed a notice of claim against the City of Phoenix, the Phoenix Police Department chief, and several officers for the damages he suffered.

[WATCH: Pepper ball victim takes legal action]

"It was a projectile the size of a golf ball that was shot at 220 miles an hour from a distance of 20 yards... at my groin," said Josh Cobin.

In the now viral video, Cobin is seen kicking a can at officers before getting hit, but he said he kicked the can because he was shot in the back before that while he was running away and helping another person hurt.

[RELATED: Protester hit by gas round in viral video seeks fresh start (feb. 16, 2018)]

But nearly two years later, he's fired up and ready to fight.

"The police officers are going to be served later this week," he said.

But why now?

He said he found concerning posts online this week at his expense.

"Found three current officers who had posted in the aftermath of the event about me," he said. "Honestly, that really was the final straw."

[ORIGINAL STORY: 4 arrested, 2 officers suffer heat exhaustion after protest turns unruly outside Trump rally (Aug. 22, 2017)]

He said the memes, and captions these officers wrote were mocking and hateful.

And now he's describing exactly what he went through that night.

In the notice, he said he drove himself to the emergency room and was forced to take a detox shower, nude, in front of three to four hospital staff members.

"I was literally screaming in my car as I was driving because I was covered in pepper gas spray from having shorts," he said.

[RELATED: Phoenix police's non-lethal arsenal on display during Trump protest (Aug. 23, 2017)]

And while no permanent damage was done, he said he suffered severe pain and bruising an inch above his genitals.

Now, he wants the police officers to be held accountable for what he said was a show of force far too harsh.

"It's twice as painful as getting hit by a baseball in the groin, so it was humiliating! And then to see officers posting about it and mocking me was even worse," he said.

[RELATED: Lawsuit filed over protest outside Trump rally in Phoenix (Sept. 5, 2018)]

Phoenix police told Arizona's Family they cannot comment because this is pending litigation, and the City of Phoenix officials said they have no further comment at this time.

Cobin is serving as his own attorney and wants to will leave it up to a jury to decide how much money he will get, if any.

 


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

 

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(62) comments

Bearly

This should be thrown out of court as soon as it reaches a judge. I hope the perp never can reproduce.

ObeyLaws

And like 99% of all police use of force incidents, it ALL COULD HAVE BEEN AVOIDED had people obeyed the police officers lawful warnings to disperse. They made several announcements (assuming you were too stupid to glean from the context that it was time to leave...) If you choose not to comply, bad things are going to happen to you - the sooner you learn that (no matter how much you disagree with officers) the better and safer your life will be.

JustinP

I'm glad you agree that 1% of the time (I think it is probably less than that, but it does happen) the police use force incorrectly. I totally agree with you here as there is a ton of video evidence this guy was attacking the police (not helping some lady) and he deserved the show of force.

Cottoncandy

Hilarious that some defend the guy. I was out there, standing amongst the anti-Trump people because I knew they would escalate conflict, and intended to witness what they did. I was less than a quarter of a block away from the incident, having all the people running my direction when the SHTF for them. I WITNESSED 2 YOUNG FEMALES (possibly white) WITH HOODIES that were within arm’s reach of me, pull out a giant glass bottle, with the absolute intent of throwing it in the direction of the police. I didn’t get a chance to get a picture of these women because the chaos started and tons of people started running our direction. Those girls didn’t get a chance to throw the bottle, as they dropped it, shattering it. They tried to pick up some of the pieces when they did it, but ended up running with the crowd. Too bad I didn’t get their picture.

Cottoncandy

I guess I should also give the disclaimer that I am not a Trump fan, but I recognize he has done some good things and some bad things.

jt

What non of you realize is what provoked Josh to do what he did. He kicked a gas canister back at the cops, we all know that. But just prior to that, the cops shot a woman in the back who was walking away from the police line after taking a photograph of them. The force of the impact knocked her to the ground - Josh and several other protesters rushed forward to pick her up, and as they were running away, the officer fired a second shot, hitting both her and Josh. Chief Jeri Williams stated that police used force only when protesters acted aggressively toward them, threatening the safety of the officers. People walking/running away are "acting aggressively", and the officer felt threatened by it? This whole incident is documented on video and multiple photographs, but the only thing people care about is Josh being shot. I know all of this happened because I was there. Were any of you?

1stupidsailor

Ah, so he's a knight in shining jorts. I'm sure. Nah, your friend is a POS, got what he deserved, and hopefully the social justice battalion learned something that day. I suppose the lesson isn't as valuable to men who don't use the part he nearly lost, but we can hope. Maybe he can crash on your futon when he gets crushed in court.

JustinP

I was not there, but the video is up on youtube. Go check and see him focused on a gas canister and kicking it to police (after he crossed barriers). So, if what you say is true, the LADY can file her own report and lawsuit. This guy didn't get what he deserved... not yet anyway. Hopefully, a countersuit by one of the officers will be filed and he loses a lot.

Rico Rush

No one cares about Josh being shot, except for Josh being shot. This is a non issue, but the moron wants money now because he is being made fun, that is the point of this. Regardless of who is there, and what happened. He wants money for something that he surely does not deserve.

TimBeatty

The guy who brought a gas mask and is kicking gas cans towards police is the victim?? Good luck with that. But really, any action tt's brings the video of "man pepper balled in groin video" to the news is awesome. It never gets old. "Acting as his own attorney" is a pretty indicator of what legal experts think his chances are. P.S. the Notice of Claim deadline already passed. He's now out his filing and service fees.

Dean

jt I would believe you the day Phoenix freezes over. You are a typical lying trouble making slug.

ObeyLaws

jt - "...what provoked Josh..." You're a Millennial, aren't you?

Bushawg

If you're gonna be stupid, you better be tough! GO BLUE!

ssgma

I completely AGREE with Majority of the comments on here, There's one fact missing right after this Happened HE Said "He was in the wrong to begin with and deserved what he got! But of course Now he's changing his story and has decided to sue.. Yep, None of them want to work all want a free ride and like Most SUE happy. I too Hope & Pray he doesn't get a plug nickel and has to PAY all Fees!

voiceofreason

Let me get this straight, he plead guilty to "unlawful assembly" and in a prior interview with AZFamily he said, "Yes, I overstepped the line I would say, hence my plea there." So he admitted his actions were wrong, hence his taking a guilty plea. He was there that day in a gas mask looking for trouble while exercising his 1st Amendment right to free speech. Someone created memes (we have no idea who) and some officers reposted them on their TIME OFF and now he wants to infringe on their freedom of speech by suing the city because they laughed at him while OFF duty. Anyone else find this ironic? Josh, it didn't take a couple of cops reposting memes of you for people to laugh at you, you did that to yourself and with every subsequent interview you do, they continue laughing at you. You sought the ACLU to protect your rights to free speech, it sounds like the officers need to contact the ACLU.

YoureAnIgnoramous

American history tells us real social justice, like what MLK and Malcom X did for black communities, is that peaceful protestors make as easy targets for haters with badges and corrupt cops. Although they are often one in the same. Voicing a LEGITIMATE opinion in the form of a peaceful protest, unarmed and knowingly down scope of what is essentially a deputized firing squad, unprovocative, yet assaulted anyhow; This demonstrates bravery in the face of tyranny. Heavily armored and looking for a cheap excuse to hurt "libtards" makes you a coward at least, a villain or dare I say, terrorist? A significant amount of law enforcement, people who are supposed "enforce" the law even against other cops, instead treat communities outside of their own as 2nd tier citizens. And a decent chunk of them are racist, sexist, xenophobic bigots.

JustinP

ok, you obviously have not seen the video. A gas mask is considered armed. The gas canister that was used as a barrier then being kicked into the police is considered armed.

1stupidsailor

So when libtards destroy businesses and assault people with different opinions, it's not the job of the police to mitigate such damage? Destruction of someone else's property, almost exclusively people who aren't even involved, and violence towards silence is fascism. You, the liberal, are fascist, no matter how much you try to point your finger elsewhere. Your behavior says it all, far more than the conjecture you spew without backing at every opportunity. Your methodology would have made Adolf proud. .

Kirk480

Our police shouldn't go around "showing force" like a bunch of criminal GOONS, EVEN TO LEFTY SNOWFLAKES. They should be keeping peace and protecting rights but instead they literally assault people who are protesting and incite riots so they can play a game of riot police. The bottom line is that conservative lawnakers are using police to suppress lawful protests if that doesn't raise a red flag then you all deserve what you got coming. I'm not a liberal BTW I just expect more from my local government.

Dean

Kirk480 you sound like either a 13 year old moron who has no idea of the facts of life or simply socialist (democrat?) who would love to see all laws abolished. He was not peacefully protesting he had come to cause trouble, hence the gas mask and in the front row taunting the police and in fact being a threat to them.

Kirk480

I'm a libertarian capitalist adult. Just saying we don't have the right to assemble anymore and the police are known to send in plain clothes officers to start riots with liberal protesters, I'm just saying that from an objective standpoint. I detest communism btw it's responsible for millions of murders/starvation. I just feel the police should be held to a higher standard than lefty Communists.

Dean

and if you believe your lies I have some beachfront property to sell you in Phoenix. If yo detest communism they why do you support it, or at least the socialistic branch of it. If you do not cause problems and obey laws the police will leave you alone.

1stupidsailor

Stupid people should stop assaulting others and destroying property, negating the need for police. If you liberals could learn to control yourself, police wouldn't be there. I want less police presence, but watching how these people conduct themselves, I understand the need for it when the left has something to cry about. Plenty of history, recent too, to show the behavior.

JustinP

Kirk, the guy participated in a riot and was pushed back by riot gear. He is lucky it wasn't a real bullet. Look at the video, he accosted cops by aggressively approaching the canister (which was there as a barrier) and kicking it which could then possibly hurt a cop via being hit by the object or via the gas that was meant as a barrier. Look at my comments out there; obeylaws hates me because I call a spade a spade (e.g., Tempe cop who shoots running kid in back, Mesa cop(s) taking sucker punches at guy leaning against wall because his lean was not considered sitting... both examples where cops (nor surrounding citizens) were under any threat). But in this case, guy brought it upon himself. He is lucky he got off without prison time. Suing cops is an insult to the system and should be SMASHED down. I just hope a countersuit is filed.

trsalemme

He said the officers posted about him and made fun of him. [crying] Yeah dude. You're an idiot. WE ALL made fun, and are still making fun, of you

fischer66

Folks, this here is a moron. "And while no permanent damage was done, he said he suffered severe pain and bruising an inch above his genitals." The only way to get yourself out of a hole, is to first stop digging. As soon as he disregarded police orders, as soon as he kicked whatever kind of can back, and as soon as he displayed a resistance by being in front of the crowd with a gas mask...your nut sack getting peppered ball was completely justified and hilarious.

TTArizona

Josh, you are an idiot. Your actions, no one else got you pegged. As you tell from the comments in this stream, you are going to get ridiculed if you keep this up. You are too sensitive and unable to man up.

Ryno7

This News report is inaccurate and leaving few critical details out. Phoenix Police ordered streets cleared due to demonstrations turning into civil disturbance/riot. Cobin went to a political rally with a gas mask and refused to clear the street as ordered by the authorities. He did NOT kick a can at the police. The police threw out a smoke/gas grenade. Cobin kicked the gas grenade back at the police. Shame on AZFamily for leaving out that critical piece of info that Cobin actually kicked a gas grenade, and not a can. Their reporting certainly changes the entire tenor of the incident and is misleading. If AZFamily would have included the previous few seconds of the video, they would have shown the gas/smoke grenade and we would have seen the actual incident and made an account of it.

Dean

Sounds like you are supporting this idiot? If that is true maybe you should re assess your thinking.

Rico Rush

Uhhhh... Kicking a Gas grenade vs kicking a gas can, how does this effect the outcome to this story? NOTHING

1stupidsailor

It's on video, the friggin moron was told to disperse, didn't, then thought he'd be an edgy little beta and kicked the canister back. Shame on morons for enabling other morons. He's a piece of ****, another crybaby tool who 100% got what he deserves. I hope he's obliterated in court and has to pay the taxpayer's fees. I know you're probably not a net taxpayer and don't understand the concept, but it's pretty s**tty that we have to fund this idiot more than we already do.

ssgma

What you say changes Nothing! This Punk talked to a reporter right after, Admitted this was His fault for kicking the can/grenade back @ the Officers... It's only NOW all this time later he wants to sue. Maybe because he hasn't won the Lottery???

nutsplash

F.u c k this pos

Phillup Witgas

What an idiot. Grow another pair snoflake.

Rushman

Cobin has learned all his lawyer skills from YouTube too !!

ObeyLaws

Well Josh, if these comments are any indicator you are losing very badly in the court of public opinion. I suspect you will crash and burn as equally badly in a legal court.

Rico Rush

wait a second... wait wait... he can laugh about it, and joke about it, but when the Police comment on it, and mock him... that is going too far?!?! Like all of a sudden it's a cause for serious concern to his mental well being? Kid you are a pathetic joke of an American, and if that jury grants him on copper coin for his damages, he they should all be shot. I agree with some of the posters, you went down there with a gas mask??? hmm maybe you knew there was the potential of tear gas being deployed.. what a joke

Fairandbalanced

Never forget...never forget x.co/pepperballs

nutsplash

He is a poster child millennial of course he is his own lawyer, millennials know everything and can do it better don't you know. Hey cuck hope you read this you avocado toast eating , selfie taking , skinny jeans wearing, rental scooter riding fool.

Someoneinaz

Your serving as your own attorney? Because no respectful story will not take your case! You showed up to a riot in a gas mask because you knew pepper spray was going to be deployed against you for being a public menice..... you kick a can back at officers and you got a pepper ball to the nuts. Well deserved.....go back to California.

1stupidsailor

Lol. Did Captain Beta get fired from the coffee shop? His actions are clear on video, I hope he gets destroyed in court and has to pay legal fees. Let's not pretend he utilized anything south of the belt line anyways.

rickiedanger

[thumbdown][thumbdown][thumbdown][thumbdown][thumbdown][thumbdown]

rickiedanger

lol... what a snowflake! so many memes of this douche-bag

Dean

Josh Cobin you are a trouble making law breaking thug. If you had not been causing problems you would not have been shot at. In fact you are fortunate that a 38 was not fired at you for you participating in a riot.

TRUEAMERICAN

Josh, you are pathetic!! everyone that visited this page and came across this story is now dumber for reading it. You should move to California so you might actually get some sympathy from someone. Also, your parents should be ashamed of themselves for raising someone with as little sense as you. What a wasteoid!

usmarinesdad

Being former LEO, pepperballs ARE NOT the size of a golf ball! At a max they are 1/3 the size. Get the facts straight idiot.

nutsplash

Millenials feel like they do not have to follow societies rules and are special people. They don't want to work or be responsible and oh yeah, always have to be committed to some kind of "cause" lol. There you have it Millennial, suck on it all day long loser. Look at his stupid face in the picture, poor me lol. Get a grip you are NOT special and are a drain on civilization.

nutsplash

Should have used bullets instead. What a complete waste of life . Millennial.....

nutsplash

Typical "Me Me Me" millennial. You got what you deserved idiot. That generation is complee sh.it

lilmoo

You should not be protesting and doing things you should not be doing. Your did not follow what the police orders were. You got what you deserved!! You should just go away quietly and not make yourself look more like a fool!!

JustinP

Sometimes civil disobedience is called for. However, if you watched this, you would see he brought it upon himself. I think the cops should counter-sue.

ObeyLaws

Justin - It's uncanny how you attempt to straddle the fence on EVERY topic. (Some disobedience is good, but not all... Some police force is good, but not all... Sterilization is okay, but not abortion....) Your worldview is VERY specifically defined - and yet life is not.

JustinP

haha. I don't agree with you murdering babies and I'm a fence straddler? Nope. Murder=bad. Civil disobedience has consequences too. I just said, I can understand why someone might do it. I, personally, choose to not break the law, but can sympathize with those that due based on their conscience PROVIDED they are not taking away other people's rights. For example, a mother to be taking away the right to life of the baby she is carrying is a problem. For example, a right wing fundamentalist blowing up an abortion clinic with people inside is a problem. A better way is for the mom to be to give the baby up for adoption. A better way is for the bomber to take a picket sign and go carry it out front OR better yet, contribute money to an organization that provides food/shelter/housing to those members of society affected by carrying the baby around so they have something for their kid to live for. No straddling, more absolutes than anything.... However, in this case, the guy was rioting because he didn't like Trump. Riots are pretty stupid. He wasn't standing in front of a tank like the lone China guy 30 years ago this month. He was RIOTING.

Jammerjonn

[beam] Cobin was asking for it since he was out in front of the group and wearing a gas mask. He wanted and got media attention. We don't feel sorry for you, you got want you wanted. Stay home next time where it's safe!

theazdude

HAHA!!! I hope you read these comments Josh! One of my best friends was in the line right next to the officer that fired on you! You thought you were safe with your lil gas mask...you should have been wearing a cup LMAO!!!

Richard H

He got exactly what he deserved!

docketman

What a dic...k

MH

The crybaby went out looking for trouble, he found it. I hope you get charged court costs and legal fees when you lose. Is he still hanging out with antifa?

Tony

Hope I get on the jury so I can take his other ball out. One ball, go to California and be with your kind.

Don Curtis

Play stupid games, win stupid prizes

Robs

E got what E deserved when E got shot , shoot him again ! [scared]

ObeyLaws

So Josh "One Ball" Cobin is going to sue. Good luck with that, One Ball.

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