FERGUSON, Mo. (KMOX) – A federal judge threw out a $40 million civil rights lawsuit from protesters who claimed police used excessive force against them in the days after the 2014 Michael Brown shooting in Ferguson, Missouri.

The protesters claimed they were pepper sprayed, shot with rubber bullets or pinned to the ground under officer’s knees.

A U.S. District judge rules the evidence isn’t there, no video or testimony to back up the claims. The judge says the protesters failed to prove police acted with malice or in bad faith, when officers arrested protesters who had repeatedly been warned to disperse.

Lawyers for the protesters are appealing.

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