CHARLOTTESVILLE, Va. — Nine people injured during the 2017 "Unite the Right" rally in downtown Charlottesville, Virginia, are entitled to more than $25 million in financial compensation, a jury declared Tuesday in reaching a partial verdict. But it could not agree on the most serious claims that the defendants — about two dozen white supremacists, neo-Nazis and key organizers — engaged in a conspiracy to commit violence under federal law.
The jury of 11 deliberated for more than three days following four weeks of testimony in the civil trial in a federal court in Charlottesville. The plaintiffs, all from Charlottesville, described broken bones, the bloodshed and emotional trauma resulting from the mayhem. The defendants, some self-described racists and white nationalists, argued they were exercising their First Amendment rights in organizing and participating in the rally.
The case, known as Sines v. Kessler, was the first major lawsuit in years to be tried under the so-called Ku Klux Klan Act, a rarely used federal law codified after the Civil War. It was installed to diminish the power of white supremacists and protect African Americans, prohibiting discrimination in voting and other rights.
In making its decision, the jury had to find that the defendants, who include Jason Kessler, the lead organizer of the rally, and Richard Spencer, a white nationalist who coined the term "alt-right," entered into a conspiracy to commit violence. But the jury was deadlocked in the first two claims of a federal race-based "conspiracy to interfere with civil rights" and "action for neglect to prevent."
The jury also agreed on a range of punitive damages on the other claims, including assault and battery and intentional infliction of emotional distress, awarding more than $25 million to the plaintiffs.
On the claim that the defendants violated Virginia's civil conspiracy law, the jury awarded $500,000 in punitive damages against all 12 individual defendants, including Kessler and Spencer, and $1 million against five white nationalist organizations.
Among the evidence were text messages, social media posts and conversations on Discord, an online chat platform, in which organizers discussed and meticulously coordinated the two-day event, which was held in response to Charlottesville's planned removal of a statue of Confederate Gen. Robert E. Lee. The protest turned deadly when James Alex Fields Jr., an Ohio man who revered Adolf Hitler, rammed his car into a crowd, killing Heather Heyer, a civil rights activist. Dozens were also injured in the car attack, including four of the plaintiffs.
Fields, who is serving a life sentence, was named as a defendant in the suit. The jury agreed he must pay $12 million in punitive damages in connection with the attack.
The trial included explicit audio of some of the defendants' use of antisemitic and racial slurs in conversations, which Kessler testified were words often used to be provocative. Jurors also heard messages packed with "insider language and codes" that expert witnesses said white nationalists use to incite participants in the "alt-right" movement.
Roberta Kaplan, a lawyer for the plaintiffs, had asked jurors to consider awarding millions of dollars in punitive damages: from $7 million to $10 million for those physically harmed and $3 million to $5 million for emotional pain.
The suit is funded by Integrity First for America, a nonprofit civil rights organization, which lauded the jury's decision despite its partial verdict. The plaintiff's attorneys said they intend to get the first two claims retried since it ended in a hung jury, although they are largely satisfied with the outcome.
"We feel that justice was served today," co-lead attorney Karen Dunn told reporters. "There's going to be accountability for people who did this."