An attorney for Black Lives Matter activist DeRay Mckesson urged a federal judge Monday to dismiss a lawsuit by an unnamed Baton Rouge police officer who claims he was injured during a protest four days after the deadly police shooting of Alton Sterling in the city.

A lawyer for the officer, however, asked Chief U.S. District Judge Brian Jackson to allow the suit to move forward and for the officer who filed it to remain anonymous for health and safety reasons.

Jackson took the arguments under advisement and said he would issue a ruling in the coming days, the Advocate reports.

Billy Gibbens, who represents Mckesson argued the suit against Mckesson should be thrown out because it makes only unsupported, speculative allegations.

Donna Grodner, one of the officer’s attorneys, acknowledged in court that it is not known who threw a piece of concrete at the officer, causing him to lose teeth and suffer other injuries during the July 9 protest outside Baton Rouge Police Department headquarters.

The suit, filed in November, alleges Mckesson came to Baton Rouge in July “for the purpose” of “rioting to incite others to violence against police and other law enforcement officers.”


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