Nationwide Police Settlement Thread........How We Pay Them to Violate Us.

Politic Negro

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$200,000 settlement reached for Portsmouth police shooting
Investigators say Officer Jeremy Durocher shot Deontrace Ward during a burglary investigation in 2017. Ward was shot in the back. Durocher claims Ward waved a gun.

PORTSMOUTH, Va. — A police shooting has led to a $200,000 settlement in Portsmouth.
Officer Jeremy Durocher shot Deontrace Lamont Ward in the back, as Ward tried to get away from police on October 29, 2017. Video obtained by The Virginian-Pilot shows Durocher wounding Ward, who was an armed burglary suspect. Ward was shot in the back. Durocher claimed Ward had waved a gun at the time of the shooting.

Ward survived and later entered a guilty plea to several charges in 2018.
Ward filed a civil lawsuit against Durocher, for which the settlement was announced on Wednesday.
Ward is currently in prison for the burglary, while Durocher still faces assault charges for the shooting.
Durocher is set to go on trial later this year.

 

Politic Negro

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Ohio Death Row Exonerees Reach $18 Million Settlement with City of Cleveland

The city of Cleveland will pay a record $18 million dollars to settle a civil rights lawsuit by three former death-row prisoners who, as a result of police misconduct, spent more than a combined 80 years imprisoned for a murder they did not commit. Kwame Ajamu (pictured, left), his brother Wiley Bridgeman (pictured, center), and Rickey Jackson (pictured, right) were convicted in 1975 of the robbery and murder of Harold Franks based on the coerced false testimony of a 12-year-old boy, Eddie Vernon. Police also fabricated evidence and withheld evidence of the men’s innocence.
The men were tried less than four months after the murder, but their exoneration took nearly four decades. Vernon, the key witness, recanted and testified that police had threatened to jail his parents if he did not cooperate. At the time of the police threats, Vernon’s mother was suffering from cancer. When they were convicted, Ajamu was 17 years old, Jackson was 18, and Bridgeman was 20. No physical evidence linked any of them to the murder.
All three men were sentenced to death, but Jackson’s death sentence was vacated and Ajamu and Bridgeman’s sentences were reduced when Ohio’s death penalty was declared unconstitutional in 1978. Ajamu and Bridgeman were both paroled prior to their exonerations, but Jackson remained in prison until 2014. At the time of his release, Jackson had spent 39 years, three months and nine days in prison, which was then the longest any American exoneree had been imprisoned.
The settlement is the largest ever awarded in an Ohio police misconduct case. Jackson will receive 40% of the settlement, and Bridgeman and Ajamu will split the rest. When the settlement was reached, Ajamu said, “Money cannot buy freedom and money certainly does not make innocence,” but explained that he and the others had agreed because “we now know that you have no other reason and no other recourse but to tell the world that you wronged three little black boys 45 years ago.”
Terry Gilbert, one of Ajamu’s lawyers, said, “Forty-five years later, we now can say that we have some sense of completion and justice in this case.” Elizabeth Wang, an attorney representing Jackson, said, “What is 39 years of your life worth? Nobody can put a number on that. No amount of money can compensate them for what they went through.” In a statement, law firm Friedman and Gilbert, which represented Bridgeman and Ajamu, said, “This lawsuit and settlement expose the egregious misconduct by police who worked up the case, fabricated false evidence, withheld evidence of innocence, and then coerced Vernon into lying on the stand at trial. The settlement also marks the City of Cleveland’s failure to monitor and train rank and file police in the 1970s, reflected in the department’s widespread culture of racist policing and misconduct with impunity.”
Under Ohio’s compensation system for wrongful convictions, the men had received smaller payments beginning in 2015. The same year, they filed suit against the city of Cleveland and the detectives who had engaged in misconduct on their case. The suit was dismissed by a federal district judge in 2017, but in 2019, a federal appeals court allowed most of the claims to proceed. The case had been scheduled for a civil trial this summer before the settlement was reached.
Cleveland police and prosecutors have a long history of misconduct in murder cases. On May 1, 2020, a Cuyahoga County trial judge granted a new trial to Isiah Andrews in the 1974 murder of his wife after the Ohio Innocence Project discovered exculpatory police reports that had never been turned over to the defense. The reports implicated a man who went on to commit additional acts of violence against women. In March 2020, Melvin Bonnell, who was sentenced to death in 1988, asked the Ohio Supreme Court to vacate his conviction and death sentence after his lawyers discovered physical evidence from his case that Cuyahoga County prosecutors had repeatedly insisted since the mid-1990s had been lost or destroyed. County prosecutors also unconstitutionally withheld exculpatory evidence in the case of Joe D’Ambrosio, who was wrongfully convicted and sentenced to death in 1989. County prosecutors continued to hide that evidence and oppose D’Ambrosio’s release for another two decades.
 

Politic Negro

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City pays settlement in police chase crash, will likely pay another in whistleblower suit

The city will pay one six-figure settlement involving a minor injured in a high-speed police chase, and will discuss another six-figure amount for an officer who filed a whistleblower lawsuit.

City Council on Tuesday approved a $392,000 payment to the family of a girl who was injured in 2015 when her half brother fled a traffic violation stop in Larimer and eventually crashed head-on with another vehicle. Five people were injured in the crash.

The girl, identified as “D.H.” in the lawsuit, was 12 at the time and suffered brain damage and other injuries that required significant rehabilitation, the family said in 2018.

The family, represented by Pittsburgh-based civil rights attorney Timothy O’Brien, alleged in the lawsuit that Pittsburgh police had engaged in a “widespread custom” of allowing high-speed chases stemming from traffic violations, many of them ending in crashes.

The bureau now has a review board that meets monthly to review all vehicle pursuits, according to a Jan. 2020 order.

Donovan Robinson, the girl’s half brother, pleaded guilty to dozens of charges and was sentenced to a year in jail.

Next week, City Council will discuss an expected $250,000 settlement with a Pittsburgh police officer who blew the whistle on the bureau’s technology contract with Plum-based B-Three Solutions.

Officer Souroth Chatterji alleged that former Public Safety Deputy Director Linda Barone retaliated against him for investigating her involvement with the contractor, denying him a promotion and discriminating against his ethnicity, according to court documents.

Ms. Barone is still an assistant chief with the city’s Bureau of Police.

According to the complaint, Officer Chatterji, who joined the department in 2012, was asked to evaluate its IT programs by former police Chief Cameron McLay and Cmdr. Eric Holmes in 2015.

During his review, the lawsuit alleged, Officer Chatterji discovered that the city had paid over $1 million in federal grant money to B-Three for updates and upgrades for its technology, but the improvements were never completed. Further, he found that other companies would have provided a better product — often with free updates and maintenance — for less cost.

Officer Chatterji found that the bureau “was reporting in its annual reports that it used federal grant money for projects that were completed by B-Three Solutions when those projects had in fact not been completed,” according to the complaint.

In the lawsuit, Officer Chatterji alleged that Assistant Chief Barone told him that “if he kept digging into B-Three Solutions, then it would lead to his ruin,” and that he would be the one who suffered if he continued.

Additionally, the lawsuit alleged that Officer Dawn Bowen and Sgt. Anthony Cortopassi intimidated Officer Chatterji at Assistant Chief Barone's instruction, and that they, along with Assistant Chief Barone's daughter, Alexis Barone, an employee of Pittsburgh's Department of Innovation and Performance, referred to him by racial slurs relative to his Indian descent.

The lawsuit further alleged Officer Chatterji was denied a promotion to sergeant, even though he scored the highest in all categories.

The city and Department of Public Safety declined to comment on either settlement. Neither comment on legal matters.

Mr. O’Brien, who also represented Officer Chatterji, could not be immediately reached for comment.

Ashley Murray: amurray@post-gazette.com

First Published October 20, 2020, 5:11pm
 

Simply_Black

International
International Member
I really hope they one day make it a felony to lie on a police report.

.... and I really hope that one day settlement cost is taken out of the police force pension fund instead of taxpayers having to pay the bill....

.... how can it be any form of justice if the burden of payment is on the taxpayersn while the guilty cop is still living freely.
 

Politic Negro

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Settlement Reached in Indiana Police Pursuit, Deadly Crash
An attorney says a $1.2 million settlement has been reached in a federal lawsuit filed over a high-speed police chase that ended with a crash that killed a 13-year-old northwestern Indiana girl.


By Associated Press
|
March 3, 2021,

CROWN POINT, Ind. (AP) — A $1.2 million settlement has been reached in a federal lawsuit filed over a high-speed police chase that ended with a crash that killed a 13-year-old northwestern Indiana girl, a family attorney said.

Attorney Lawrence T. Ruder said the settlement was reached after numerous court-ordered mediation sessions. Indiana’s damage caps law limited how much the family could recover for Julianna Chambers' death and crash injuries her grandmother suffered, he said.

The family sued the cities of East Chicago and Hammond and five of the cities’ police officers over the Feb. 15, 2017, pursuit, which began after Jessica S. Pichon, 31, of Danville, Illinois, stole a case of beer from an East Chicago supermarket, The (Northwest Indiana) Times reported.
Pichon's boyfriend, 32-year-old Donnell Howard Jr. of Highland, Indiana, then led police on a chase that ended when his car collided with another vehicle in Hammond, killing Chambers and seriously injuring her grandmother, Theresa Paramo.

Howard and Pichon each pleaded guilty in late 2017 to two counts of resisting law enforcement and were later sentenced to 15 years in prison. But the state conceded neither entered into their plea agreements knowingly and voluntarily. Howard entered a new guilty plea Monday to one count of resisting law enforcement and is scheduled to be re-sentenced March 29. Pichon is scheduled to enter a new plea March 11.
As part of the settlement, Hammond and East Chicago each agreed to create and erect a bronze plaque memorializing Chambers' life, Ruder said.
He said Hammond’s former police chief issued a June 2020 order amending his department’s pursuit policy — a step he said “should improve communication between patrol officers and supervisory personnel during pursuits so that tragedies like this never happen again in our community."
Hammond corporation counsel Kevin Smith said the settlement amount was split between Hammond and East Chicago. He said the family’s civil rights claims were dropped as part of the agreement.
“We did not admit fault, but we realized it was appropriate to compensate them for their losses and the tragedy that occurred," Smith said.
East Chicago corporation counsel Carla Morgan said, “This was a tragedy, and the family has our sympathies.”
 

Politic Negro

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$3.5M wrongful arrest award against Detroit cop reversed

The 6th U.S. Circuit Court of Appeals last week overturned a $3.5 million jury verdict awarded to a Harper Woods man after he was mistakenly arrested by Detroit Police and detained for 15 days.

The award in 2018 was thought to be the largest for a wrongful arrest case in Michigan history.

The Detroit Fugitive Apprehension Team arrested Marvin Seales at a Warren food processing plant where he worked in January 2012. They were looking for Roderick Siner, who went by an alias of "Marvin Seals," in connection with a drive-by shooting.

Seales, who lost his job, repeatedly told officers they had the wrong man, according to a lawsuit filed in U.S. District Court in April 2012.

Seales sued the city of Detroit, Wayne County and Officer Thomas Zberkot, one of the officers who arrested him. But only Zberkot remained as the lone defendant in the case when it went to trial in 2018. A jury in U.S. District Court awarded Seales the $3.5 million verdict for wrongful detention.

Earlier the district court had dismissed Seales' case against the city and Seales voluntarily dismissed his claims against Wayne County, where he was jailed.

In last week's decision, the Court of Appeals judges decided to reverse the award, finding that Zberkot only handled Seales case for about three hours and that there was probable cause for the arrest, given the similarities between the two men.

"Seales offers no good explanation why Officer Zberkot bears responsibility for his detention for the next two days (in DPD lockup) or for his time in the county jail for thirteen days after that," the opinion reads. "Seales did not communicate with Officer Zberkot again, and neither did his jailers during that period."

"He sued the wrong man. That does not seem right — and maybe it isn’t. But the key failings in this case of mistaken identities relate to the Wayne County jail and the people who detained him there. Unless or until Seales sues the right people or the right government, there is little we can do."

Seales said he told Zberkot “like, 20 times” he was innocent and also to check his wallet for his ID to prove it. According to the case, Zberkot checked his ID but said it could be fake.

After spending two nights at the Detroit precinct, he was arraigned and eventually told a judge that he was "Roderick Siner" because he had already been sent to the back of the line when he told the judge his name was Seales. He filed a grievance with the Wayne County jail after being transferred there but didn't get released until his preliminary examination, when the victim told prosecutors they had the wrong man.

An email to Seales' attorney Stephanie Arndt, with Geoffrey Fieger's law firm, wasn't immediately returned Monday afternoon. Detroit's Corporation Counsel Lawrence Garcia said the decision "restores balance to a case which had gone off the rails."

"Where the wrong man is arrested and detained, the authorities may have some explaining to do; however, a $3.5 million judgment against an officer who had custody for only two hours and 50 minutes is a wayward result," Garcia said in a written statement.

The city of Detroit, as a part of its collective bargaining agreement with police officers, in most cases agrees to defend officers and pay their court judgments.

After Seales was released, Siner was arrested in July 2012 and charged with assault with intent to commit murder. The charges were later dismissed, and in 2015, Siner filed a lawsuit in federal court, claiming he'd been falsely arrested for the 2010 shooting. The suit was dismissed in 2017.

Seales' lengthy court case was put on hold in 2013 when the city of Detroit filed for bankruptcy, and resumed in 2015.
 

xxxbishopxxx

Rising Star
BGOL Investor
.... and I really hope that one day settlement cost is taken out of the police force pension fund instead of taxpayers having to pay the bill....

.... how can it be any form of justice if the burden of payment is on the taxpayersn while the guilty cop is still living freely.

Agree with you a 1000%. However, the payouts will get tricker if it is totally depended on the unions. Will they be able to file for bankruptcy? Will there be caps on how much the payouts will be? Will they be able to get insurance?

I'm guessing the city will need to make up the difference in the big law suits. I definitely don't want to see any bullshit cap for payouts.

With that being said and it becomes an either or thing, would you prefer unlimited, uncapped monetary payouts by the city or OJ type judgements in which the perp gets the bulk (probably not all) his money taken by the court to pay the victim and/or his family? Could be a situation in which both can happen. However, I can see those settlements having clauses that say you will not go after the pension or personal finances of the cop.

I ask this of course with the thought process, like you, I want to see this shit stopped completely. Just looking at the realities until some things finally change for the better.
 

godofwine

Supreme Porn Poster - Ret
BGOL Investor
This shit is hard to watch. I just want a fuck up some cops , especially after that first video
 

Politic Negro

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Nebraska city to pay more than $500K in stun gun death settlement
OMAHA, Neb. (AP) — The city of Omaha has agreed to pay more than a half-million dollars to the mother of a mentally ill man who died in a confrontation with police in 2017.
The city will pay $550,000 to Renita Chalepah, the mother of 29-year-old Zachary Bearheels, to settle her wrongful death lawsuit, the Omaha World-Herald reported Friday.

Four city police officers were fired in the aftermath of Bearheels death on June 5, 2017, when the officers were called to an Omaha convenience store that Bearheels had refused to leave. Bearheels' family has said he suffered from mental illness and had been on his way to Oklahoma when he was kicked off a bus in Omaha for erratic behavior.

Police cruiser video showed Bearheels being repeatedly shocked with a stun gun and punched in the face by officers, with some of the blows coming after he was handcuffed and sitting limply on the ground.


Prosecutors later charged Scotty Payne, the officer who had used the stun gun on Bearheels, with assault and weapons use in the case, but a jury acquitted Payne in 2018. Earlier this year, an arbitration panel reinstated three of the fired officers in the case, but upheld Payne's firing.
 

Politic Negro

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Milwaukee to weigh $4 million payment to family of Sylville Smith, fatally shot by police in 2016

The City of Milwaukee has agreed in principle to pay $4 million to the family of a man killed by a police officer in 2016, setting off days of demonstrations and destruction in the Sherman Park area.

City Attorney Tearman Spencer asked that the proposed settlement be sent to the city's finance and personnel committee for consideration next week. The full Common Council would have to approve borrowing money to pay the settlement.

Just last month, the city and attorneys for Sylville Smith's estate had told a federal judge that a second round of
mediation had not been successful, and the case was set for trial in December. The apparent settlement was not reflected in the court record Friday morning.

David Owens, one of the family's attorneys with Loevy & Loevy of Chicago, said his clients hope the city acts quickly on Spencer's recommendation to settle the case. But because the Common Council could still reject it, Owens said his firm will continue to prepare for trial.

Spencer's office did not immediately return a message Friday.

On Aug. 13, 2016, two officers pulled up on a car parked too far from the curb on North 44th Street near West Auer Avenue that they suspected of being involved in a drug transaction. Smith ran from the car with a gun and had turned into a gangway between two nearby homes when he fell at a fence and dropped his gun.

Officer Dominique Heaggan-Brown, who was chasing Smith on foot along with another officer, shot him once in the arm as Smith rose from the ground, grabbed the gun and turned partly toward the officers as he threw the gun over the fence. Less than two seconds later, after Smith had fallen to his back, Heaggan-Brown shot Smith in the chest.

Heaggan-Brown was tried on a charge of reckless homicide and a jury found him not guilty. His attorney argued the officer acted in self-defense.

Smith's family sued the city and Heaggan-Brown shortly after the verdict.

While he was under investigation in the Smith shooting, Heaggan-Brown was charged with unrelated sex crimes and fired for those offenses. He was convicted and sentenced in 2018 to three years in prison.

Despite the failed mediations, a settlement in the case appeared likely this summer, when Spencer, who had defeated longtime city attorney Grant Langley in the April election, opted to drop an appeal Langleys office was pursuing.

U.S. District Judge Lynn Adelman had ruled that Heaggan-Brown was not protected by qualified immunity, and denied the city's motion to dismiss the case on that ground. That ruling was before the 7th U.S. Circuit Court of Appeals when Spencer took over as city attorney and dropped the appeal.
 

Politic Negro

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City offers $87K settlement to West Philly family teargassed by police during last year’s civil unrest
The deal is the first settlement to emerge from the more than 300 legal claims filed over the police response to racial injustice protests in Philadelphia last spring.

As Nina Bryant, her sister, and their families sat on the front porch of her West Philadelphia home enjoying the weather on a late afternoon last May, trouble was erupting just two blocks away.

The city was roiling with tension in response to the police killing of George Floyd in Minneapolis just days before and a crowd of demonstrators had gathered nearby at 52nd and Market Streets to protest policing tactics in their own community.

Bryant and her family had decided to stay out of the tumult — until the tumult came to her door.

She, her sister, Sherrie, and their four children were among the dozens of neighborhood residents who sat out the protests May 31 only to find themselves caught in the police response as officers fired tear gas along residential blocks in an attempt to disperse the crowds. The women rushed their children inside, dousing their eyes with milk to stop the burning.

To date, their lawyer wrote in a civil rights lawsuit filed in September, city officials have never directly offered an explanation or an apology. But now, under the terms of a recent agreement, Bryant and the nine other members of her family who sued over what happened to them that day will receive compensation.

In the first legal settlement to emerge from the nearly 300 claims filed in response to police tactics during last spring’s unrest, the city agreed last month to pay the Bryants and four others who were on the family’s porch that day $75,000.

» READ MORE: 'I couldn't breathe:' Inside the West Philly neighborhood tear-gassed by police

The Bryants and their lawyer Brian J. Zeiger — who will receive an additional $12,500 under the agreement — declined to discuss the deal, which was first reported by the news website BillyPenn. But its resolution mere months after the filing of their suit offers a glimpse at the swiftness with which city officials are seeking to resolve the hundreds of still-outstanding claims

Shortly after the Bryant case settled, the city reached an agreement with another of Zeiger’s clients.

That case involved Matthew McMurrough, 27, who said in his suit that police pelted him with rubber bullets, causing injuries that required hospitalization, even after he told them he was just trying to leave the 52nd Street area to head to his home in Roxborough. The terms of that deal, which would pay McMurrough and his lawyer $20,000, have not yet been finalized.

“With these settlements, the city and plaintiffs were able to reach a resolution that was reasonable for all parties,” city spokesperson Mike Dunn said in a statement Wednesday.

The vast majority of the remaining claims center on two main flash points during the protests — the June 1 teargassing of demonstrators on I-676 and the indiscriminate use of rubber bullets, pepper spray, and tear gas on protesters and neighborhood residents alike during efforts to quell unrest along 52nd Street the day before. Both incidents have drawn widespread criticism from independent monitors, activists, community members, and even the United Nations.

And most of the nearly 300 demonstrators, activists, and community residents who filed suit in the months afterward did so as plaintiffs in four lawsuits led by a team of civil rights lawyers, including attorneys for the NAACP Legal Defense Fund.

Lawyers in those cases said Tuesday that settlement negotiations with the city have been underway for months. But unlike the Bryants’ case, which was resolved solely with a financial payout, the plaintiffs in their cases are also pushing for legally binding commitments for police reform in any deal to which they might agree.

“We’re hopeful that the requests on behalf of the plaintiffs will establish real inroads in changing the culture of the Philly Police Department,” said Paul Hetznecker, one of the attorneys leading the effort.

He declined to discuss the current state of the negotiations or the specific reforms under discussion so as not to impede the settlement talks. A spokesperson for the city, meanwhile, did not return requests for comment on the settled cases or the ongoing negotiations in those still to be resolved.

But other plaintiffs lawyers in the cases pointed to recommendations recently floated in independent investigations and by City Council as a model for the types of measures being debated.

In December, an independent review, commissioned by Mayor Jim Kenney, offered 77 reform recommendations, including enhanced training, better equipment such as body-worn cameras, and renewed efforts to build community trust after finding the department was “simply not prepared” for the size of the demonstrations — a lapse that led to “inordinate use of gas and other munitions” by police and “at times excessive force against protesters.”

Subsequent reports by City Controller Rebecca Rhynhart and a panel of U.N. human rights experts last month were more critical and called for severe limitations on the use of nonlethal weapons such as tear gas and pepper spray as tools for quelling unrest.

Kenney and Police Commissioner Danielle Outlaw have apologized for certain aspects of the city’s response — including using tear gas on the I-676 demonstrators — and have pledged to consider several reform proposals
Hetznecker said Tuesday he hopes the still-outstanding lawsuits can cement those reforms — whether through a settlement or, if necessary, further litigation.
“All of us would like to see a shift from the warrior cop to a more community-based model of policing,” he said. “The driving force and motivation for our clients is to establish real, sustained reform within the Philadelphia Police Department.”
Published
March 16, 2021
 

Politic Negro

Rising Star
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DECEMBER 01, 2020

Philly woman reaches $325,000 settlement with city of Wildwood after viral beach arrest
Emily Weinman claims officers used excessive force during 2018 encounter

Philadelphia woman whose arrest on a Wildwood beach went viral two years ago has reached a $325,000 settlement with the Jersey Shore city, which had been sued over claims that two seasonal police officers used excessive force against her.

Emily Weinman filed the federal civil lawsuit last year after she accepted a plea deal in the infamous episode on May 26, 2018.

Weinman, who was 20 at the time of the incident, alleged she was assaulted after she refused to provide her last name to two Class II seasonal officers, who had stopped at her beach blanket after observing unopened bottles of Twisted Tea propped against a cooler. Weinman was on the beach with her 18-month-old daughter and a female friend.



Bystander video of the incident went viral, initially prompting outrage over the forceful manner in which Weinman was arrested. She had been suspected of underage drinking, but passed a breathalyzer test and explained to the two officers that the alcohol belonged to her aunt.

The officers claimed Weinman became combative during the encounter. She was accused of spitting at the officers and kicking one of them in the genitalia. The lawsuit disputed those claims, alleging Wildwood police fabricated evidence against her and exaggerated her resistance.

During the dramatic arrest, one of the officers could be heard saying, "Alright, you're going to get dropped," before Weinman was taken to the ground.

Wildwood police later released body camera footage of the arrest and identified the two officers as Thomas Cannon and Robert Jordan. Cape May County prosecutors declined to press charges against either officer.

Weinman, who was accused of spitting at the officers, was charged with two counts of aggravated assault, throwing bodily fluids, resisting arrest, disorderly conduct, and obstruction of justice, among other offenses. She initially pleaded not guilty, but later took a plea deal on one charge of disorderly conduct. She was banned from Wildwood for one year.

The settlement reportedly was approved by the Atlantic County Municipal Joint Insurance Fund, which represents several municipalities in South Jersey according to NJ Advance Media.

Cannon and Jordan were dismissed from the federal lawsuit in advance of the settlement.

In the wake of the incident, Weinman appeared on "Good Morning America" in an attempt to clear her reputation. She denied allegations made by the officers and said the incident had became emotionally distressing for her.

"I've been real anxious over it. Kind of upset, just, the negative things people say about me," Weinman said. "You know, they see one video, one situation, and they're like saying all this negative stuff about a person. But, one situation doesn't define someone. I'm not a bad person. I'm not this person that they're out here trying to make me seem like."


 

blackbull1970

The Black Bastard
Platinum Member
I am against these settlements that are paid out by the municipalities.

That is tax payer money being used. Which means the victims which is the Black community is footing the Bill.

Settlements from Police infractions should be paid out directly from their pension fund.

If they did it that way, see how fast they start acting right.
 

Politic Negro

Rising Star
BGOL Investor
Bennington agrees to settle racial profiling case for $30,000

Vermont Business Magazine A civil rights lawsuit brought by Shamel Alexander against the Town of Bennington and its police department has been settled out of court, with the city agreeing to a $30,000 cash settlement to resolve claims of systemic racial profiling by Bennington police.

ACLU of Vermont senior staff attorney Lia Ernst: “Our client is grateful to have this case resolved, having shined a spotlight on system-wide discriminatory police practices in Bennington. This settlement does not alleviate the need for top-to-bottom changes to a deeply troubled police department and to a municipal leadership that continues to deny there is even a problem with unconstitutional police practices in Bennington. The people of Bennington deserve far better.”

Bennington had twice asked a federal judge to dismiss the lawsuit—and was twice rejected. In denying the defendants’ second motion to dismiss, U.S. District Judge Geoffrey Crawford ruled that, based on facts alleged, it was reasonable to infer that, “had Bennington appropriately trained or supervised its police officers with respect to racial disparities in stops and searches, Alexander would not have been stopped or searched and his equal protection rights would not have been violated.”

The court’s decision cited a Vermont study showing that Bennington police stopped Black drivers far out of proportion to their share of the driving population and were five times more likely to search Black drivers than white drivers—while searches of Black drivers were less likely to uncover an arrestable offense.

The study showed that racial disparities were not isolated to a few officers, but rather were observable in data for 22 of 24 officers in the Bennington Police Department (BPD).

This settlement comes two months after the International Association of Chiefs of Police (IACP) issued a series of recommendations for reforming the BPD.

The IACP report catalogued numerous deficiencies in BPD, describing a department badly out of step with best practices, exhibiting a “warrior mentality,” and deeply mistrusted by Bennington community members.

In a survey of local residents, 40% of respondents said they didn’t trust BPD, while fully 20% reported experiencing discrimination.

At the same time, the IACP report sidestepped available data and analysis—the same data cited by Judge Crawford — showing pronounced racial disparities in BPD traffic stops and made no mention of Vermont Supreme Court decisions finding BPD had unlawfully stopped Black men. Bennington leaders are now deciding whether and how to act on the report.

ACLU of Vermont senior staff attorney Jay Diaz: “The ongoing problems with Bennington police show the limits of traditional police reform efforts and the need to more boldly reimagine the future of policing in this state. Vermont’s legislature has an important role to play in adopting policies that reduce the power of police and make them accountable to their communities. The events of the past several weeks show that people are not going to tolerate lip service and half measures any longer.”

In July 2013, Shamel Alexander was riding in a taxi when it was stopped on a pretext by Bennington Police. The reason police offered for the stop was an equipment violation, but they quickly turned it into an investigation of Alexander— despite a lack of reasonable suspicion to believe he was committing any crime.

Alexander was arrested for a drug offense, but his subsequent conviction was unanimously overturned by the Vermont Supreme Court, which held that the police violated his Fourth Amendment rights against unreasonable search and seizure.

Alexander is represented by the ACLU of Vermont and cooperating attorney David Williams of Jarvis, McArthur & Williams.
 

Politic Negro

Rising Star
BGOL Investor
Westbrook settles lawsuit alleging racial bias by police for $40,000
A Lewiston man said police pulled him over and then arrested him because he is Black.

Westbrook has settled a lawsuit filed by a Lewiston man who said police officers pulled him over and then arrested him because he is Black.

City Manager Jerre Bryant did not comment on the settlement or answer a question Thursday about whether any officers were disciplined as a result of the incident. Asked about training or policy changes, he cited a program related to implicit bias.

“The Westbrook Police Department continues to identify training and educational opportunities to best serve the evolving social, economic, cultural, ethnic and racial diversity of our community,” Bryant wrote in a brief email. “One recent example of this ongoing initiative is a department-wide introspective program on implicit bias.”

Vincent Oden received a payment of $40,000 as part of the settlement agreement. That payment included $10,000 directly from the city to meet an insurance deductible, and the rest was paid by the insurance carrier. Attorney Adam Lee, who represented Oden, said last week that the agreement precluded him and his client from discussing the case.

Oden sued in U.S. District Court in Portland last year for violations of his constitutional rights, false imprisonment, malicious prosecution and other claims. The complaint described his encounter with Westbrook police during a traffic stop in January 2018. It said he was driving home from work when firefighters waved him past a truck attending to a snapped telephone pole on Main Street, but a police officer stopped his car even though white drivers had also passed through the area without being pulled over.

Oden told the officer that he had not consumed any intoxicants and he was safe to drive home. He also indicated that he had his prescription medication in the car for a recent tooth extraction and an Achilles tendon injury. Still, the officer performed sobriety tests, which the complaint said Oden passed.

The officer described Oden to other members of the department as “a Black male out of Lewiston,” the complaint said. After consulting with a sergeant, the officer handcuffed and arrested Oden, who said he did not receive the required Miranda warnings. The complaint said a breath test at the Cumberland County Jail showed no drugs or alcohol in his system.

“The conclusion of the drug recognition evaluation indicated that he was in fact not under the influence,” the complaint said.

Court documents show Oden was still charged with possession of a scheduled drug for the prescription, which was not identified. No documents filed in the lawsuit specify whether that charge was a misdemeanor or a felony. Oden was also subject to bail conditions that prohibited him from being in a place that served alcohol, which stopped his plans to open a barbecue restaurant with a liquor license and his side job as a disc jockey. The charge and the bail conditions were later dropped.

The complaint said Oden, who is a military veteran, was subsequently diagnosed with severe depressive disorder and was undergoing treatment at Togus in Augusta.

Westbrook officials and police officers named in the complaint denied or did not respond to most of the allegations. Their written answer did not offer any further explanation as to why Oden was stopped or arrested. The court record shows the parties engaged in multiple video settlement conferences earlier this year. The case will be dismissed now that a settlement has been reached.

The Westbrook City Council voted Feb. 1 to authorize the $10,000 payment as part of the settlement. The written agreement holds Oden “in strict and complete confidence” about the case.

Data shows Black people in Westbrook were disproportionately subject to use of force by a police officer last year, a trend that mirrors national and regional statistics. Former Police Chief Janine Roberts presented that finding and others to the City Council’s Public Safety Committee in December.

The analysis covered use-of-force incidents in 2019. Out of more than 30,000 calls for service that year, the number that involved force was 132 – less than 1 percent. Twenty-two percent of those force incidents involved Black people, even though they make up 5 percent of the city’s population, according to census data. Roberts’ presentation also indicated that a larger proportion of cases involving Black residents compared to white residents were initiated by the officer.
The disparity was worse for juveniles. Twenty-one – nearly 16 percent – of all use-of-force incidents involved people under 18 years old. More than half were youth of color. Eight, or 38 percent, were Black. Three were identified as other races. Nine, of 42 percent, were white.

That presentation did not include broader data about racial disparities in arrests and summonses, which Portland and South Portland have released.
 

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Family accepts $500K settlement after Boston police mistakenly broke into their home using ‘no-knock’ warrant
Police allegedly handcuffed the couple and their teenage daughter in front of their two young children before realizing they were in the wrong apartment.

A Brighton family agreed to a $500,000 settlement earlier this month resulting from a November 2018 incident in which members of the Boston police entered their apartment in the middle of the night, handcuffed the couple and their teenage daughter in front of their two young children, and pointed guns at them before figuring out they had the wrong apartment.

The Regis family signed the settlement on Jan. 6, more than two years after the incident, and after the Boston police attempted to dismiss some of their claims, according to court documents posted online by Universal Hub.

With the family’s approval of the settlement, the document must be approved in court before payments will be made to the family, it says.

Back on Nov. 27, 2018, the couple was living at 41 Faneuil St., Apt. 138 in Brighton with their three children, ages 15, 5, and 4, according to their complaint.

Around 4:30 a.m., officers arrived to allegedly conduct a raid on a nearby apartment using a “no-knock” warrant, the document says. Suddenly, a battering ram plowed through the family’s front door, a SWAT team behind it. Roughly 10 to 12 officers made their way in, and began searching the home.

When the mother heard the door being broken down, she got up, and an officer reportedly forced her to the floor and handcuffed her. “Several officers” stepped on her hand, injuring her, the complaint said.

Police then allegedly pointed a gun at the father, pushed him against a wall and also handcuffed him, according to the document. When their teenage daughter heard her mother scream, she went toward the bedroom, was shoved back to her room and a gun was pulled on her. Her hands were then handcuffed behind her back even though she told them she was just 15, according to the complaint.

The two youngest children had been sleeping in their parents’ bed when everything happened, and witnessed the ordeal, according to the complaint.



After about 20 minutes, one of the officers told the rest of the law enforcement team that they were actually in the wrong apartment, the complaint says. It also notes that the family had given their names to police, and the names didn’t match those on the warrant, and their physical descriptions didn’t match either.

“As a result of the defendants’ actions, the plaintiffs have suffered and continue to suffer injury and harm,” the complaint said. “The plaintiffs have suffered substantial emotional trauma from this incident.”

During the raid, an officer also allegedly said in front of the young children that the kids would end up in foster care, the complaint says. The mother has missed work, and the father feels like he can’t protect his family, the complaint alleges. Their teenage daughter has also missed school due to the incident.

“[The young children] continue to ask their parents if the police are coming to get them and if their parents are ‘bad guys,’ and frequently hide under the bed ‘from the police,’” the complaint says. “Since the incident, [the 5-year-old] has suffered from nightmares, and his parents have noticed behavioral problems that manifested themselves after this incident.”

In its attempt to dismiss some of the counts in the complaint, the city notes that officers were looking for “a suspected fentanyl dealer with a history of illegal weapons possession.” The document notes that after searching the correct apartment around 5 a.m., officers found “drug-selling paraphernalia.”



Limits on no-knock warrants were put in place through the new police reform bill, signed by Gov. Charlie Baker on Dec. 31. Under the new law, these can only be used when there’s a threat to police’s safety, and when there aren’t people over 65 or children in the home, with some exceptions. The warrants need to be issued by a judge.
 

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$75K Paid To Settle Suit Against 2 Ex-Claremont Police Who Faked Evidence
By DAMIEN FISHER, InDepthNH.org March 9, 2021

By DAMIEN FISHER, InDepthNH.org
Claremont’s insurance company, Primex, paid out $75,000 to settle the lawsuit brought against two former city police officers by the man who they reportedly assaulted and arrested using faked evidence.
The federal civil rights lawsuit against former cops Ian Kibbe and Mark Burch by Christopher Ratcliffe, was formally settled last month, according to records available through the U.S. District Court in Concord.
Mike Richter, an attorney with Primex, Claremont’s municipal insurance company, confirmed the insurance company paid Ratcliffe a settlement amount of $75,000. He said there are no other payments pending.
Claremont Police Chief Mark Chase declined to comment on the settlement of the case that goes back to 2018. Samantha Heuring, one of the attorneys representing Ratcliffe, has said the agreement, once complete, will be filed in court and not sealed. The agreement has yet to be filed with the court, and Heuring has declined further comment.
Ratcliffe’s lawsuit, filed in September, accuses the former police officers of violating his civil rights and assaulting him. Kibbe pleaded guilty to one count of unsworn falsification and one count of obstruction of government administration for his role in Ratcliffe’s arrest. Burch pleaded guilty to one count of unsworn falsification, a class A misdemeanor.
More than 30 criminal cases were dropped by Claremont Police and the Sullivan County Attorney’s Office as a result of Kibbe’s and Burch’s actions, including most of the charges the pair brought against.
According to court records, Kibbe lied about seeing weapons in the bedroom of Ratcliffe, a convicted felon, during the February 2018 arrest in Claremont. Kibbe was in Ratcliffe’s apartment with Burch and New Hampshire State Trooper Eric Fosterling to serve an arrest warrant on Ratcliffe.
Kibbe and Burch lied at the scene, telling Fosterling that a baton, a Glock pistol, and a rifle were among the weapons in plain sight in Ratcliff’s bedroom, according to testimony brought out in court during the criminal cases. Instead, the weapons were inside closed bags when the officers first arrested Ratcliffe. Kibbe wrote in his report, and the subsequent affidavit, that the weapons were in plain sight, and he then signed the affidavit to support the arrest, according to testimony.
According to Ratcliffe’s lawsuit, Kibbe used his department Taser on Ratcliffe while Ratcliffe was still in bed.
“Ratcliffe, at the time Kibbe unlawfully discharged his Taser, was not attempting to avoid a lawful seizure, nor did he pose any threat to an officer’s safety or the safety of the public while sleeping in bed,” the lawsuit states.
Ratcliffe’s lawsuit makes claims of civil rights violations including the right to be free from unreasonable searches and seizures, claims that Kibbe assaulted Ratcliffe, and Burch failed to intervene.
Burch avoided jail time as part of his plea deal last year, the negotiated sentence called for a year in jail, but that sentence was suspended for two years on the condition of good behavior. Burch was also required to complete 100 hours of community service within the next six months. Burch also agreed not to seek work in New Hampshire law enforcement.
Kibbe was sentenced to a year in jail in January of 2019, with all but 90 days suspended. He also agreed to not work in law enforcement after release from jail.
Kibbe shot and killed Cody Lafont, a mentally ill Claremont man, in September of 2016. Kibbe is the only witness to the shooting, and it was initially deemed a justified shooting by the New Hampshire Attorney General’s Office. However, in the wake of the 2018 Ratcliffe case, the Attorney General’s Office took a second look at the LaFont shooting and came away with a different interpretation.
Then-Attorney General Gordon MacDonald’s second investigation found that he no longer considers the shooting of Lafont legally justified, but charges were not sought.
“Instead, the Office has concluded that it could not disprove Mr. Kibbe’s self-defense claim, beyond reasonable doubt, and therefore no criminal charges will be filed against Mr. Kibbe as a result of Mr. Lafont’s death,” MacDonald’s statement reads.
Kibbe had claimed that Lafont was armed during a confrontation at his home. The Attorney General’s investigation found that the revolver found near Lafont’s body may not have functioned.
Lafont was known to be depressed and in the habit of calling police officers when suffering a mental health crisis, according to court records. Lafont’s family has disputed that he owned any guns at the time of his shooting death.
Kibbe was known to be aggressive on the job, Burch told investigators in the aftermath of the Ratcliffe arrest, according to interview transcripts. Ratcliffe was arrested by Kibbe hours before the Lafont shooting, according to his lawsuit.
“During the stop, and throughout the encounter, Ratcliffe observed Kibbe to be acting unnaturally aggressive. Hours later, Kibbe would shoot and kill Claremont resident Cody Lafont,” the lawsuit states.
Ratcliffe would learn of the shooting a few hours later and he posted to social media that he believed Kibbe was the shooter even before that was confirmed by authorities.
“There was only one sociopath on duty that night,” Ratcliffe wrote.
Ratcliffe’s lawsuit states that, “Kibbe noticed, read, and saved Ratcliffe’s social media postings about the shooting.”
Lafont’s family brought a lawsuit against the city, but dropped the case earlier last. Attorney Jared Bedrick, who represented the family in that lawsuit, stated that the family did not wish to proceed with the emotionally grueling legal process.


 

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Woman gets $50K in PD lawsuit
Incident triggered audit; taxpayers will foot the bill
SALEM, N.H. –– The town, through its insurance provider Primex, has two weeks to pay resident Mary Jo Driggers $50,000 to settle a case involving police officers she says violated her civil rights during a 2017 investigation, court documents reveal.

In the civil lawsuit filed in July 2019 in U.S. District Court, Driggers claims former Deputy Chief Rob Morin and Sgt. Michael Bernard violated her civil rights by falsely detaining and arresting her, conducting an illegal search of her home, and for retaliation against her First Amendment rights.

Driggers in the lawsuit pointed to the town as enabling the police behavior.


In signing off on the agreement, Driggers gives up the right to sue Morin and Bernard for this matter again.

She said in a statement to The Eagle-Tribune, “as we know we unfortunately live in a very litigious society.”

“We went into mediation willing to accept admission of guilt with an apology from the officers that were
involved in what we consider a home invasion (versus) a monetary settlement,” she said. “Due to the fact that there remains to be an ongoing criminal investigation with the Attorney General's office involving my incident my request was unrealistic.”

Driggers added, “I continue to have the utmost respect for the honest and hardworking men and women at the Salem Police Department. My family loves this community and we are looking forward to putting this behind us.”

The incident behind the lawsuit is what helped spur the town’s 2018 audit of the Police Department, according to Town Manager Chris Dillon.

Court documents detail the early morning hours of Nov. 23, 2017. At 2:30 a.m., police reportedly found a car registered to Driggers on a stone wall in town.

Driggers’ son Michael was behind the wheel that night, according to court documents. A few months later he pleaded guilty to conduct after an accident and unlawful possession of alcohol and intoxication

Driggers’ complaint stems from how the police treated her and her family the night of the crash. According to court documents, Driggers says police knocked on her door around 3 a.m.


When she didn't answer, they ran the license plates of cars in the driveway, and discovered that one belonged to Morin's fiancee. His fiancee's daughter was dating Michael Driggers at the time.

Driggers said officers called Morin, who was off duty that evening, and he showed up at her home.

She said police wanted to speak to her son, and they demanded she wake him up. When she refused, she said they threatened to arrest her and her husband, Floyd.

“(Officer Paige) Baril intentionally and forcibly handcuffed plaintiff M.J. Driggers and forced her into the back seat of a police cruiser at defendant Morin’s direction,” court documents state.

Eventually, Driggers allowed police to speak to her son. But she said officers forced their way into her home and her son's room, where they began searching his drawers without permission.

Court documents go on to allege that Morin “shouted insults at her in a threatening manner,” and that police did not have probable cause for detaining her.

Driggers accused Morin of violating her First Amendment rights by suing her for defamation and slander last year.

In his own lawsuit, Morin denies any wrongdoing. He says information given by the officials and Driggers to Kroll – the agency hired to conduct the town’s police audit –– was false and defamatory.

After the incident, according to court documents, Driggers contacted Town Manager Chris Dillon to lodge a complaint against the police officers involved.

The ensuing audit criticized the Police Department's culture and handling of internal investigations. It also led to investigations of individual officers by the Attorney General's office, and to date, the arrest of two.
 

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Kent to pay $4.4M to family of Black man police killed

THE ASSOCIATED PRESS

APRIL 15, 2021 03:11 PM

The city of Kent has agreed to pay $4.4 million to the family of Giovonn Joseph-McDade to settle a lawsuit saying police unnecessarily shot to death the 20-year-old after a brief pursuit and attempted traffic stop.
The family’s attorney, Craig Sims, confirmed the amount Wednesday and said the city also will install a memorial bench at the location of the shooting, The Seattle Times reported.
In a statement, the city defended the officer’s actions as being legal and within department policy.
“This is a case that we were fully prepared to litigate and defend, but recognize in the best interest of the family, the officers involved and our community we need to resolve the matter and attempt to bring closure to those involved,” said Bailey Stober, the city of Kent's communications manager, in a prepared statement.
The settlement is one of the largest in King County in recent years and comes two months after the judge in the case said evidence presented by Joseph-McDade’s lawyers raised “serious disputes” with officers’ claims that Joseph-McDade posed a threat to their lives or the safety of the public when Officer William Davis fired into the car after cornering it in a cul-de-sac.

U.S. District Judge Barbara Rothstein said evidence disputed claims that Joseph-McDade had fled from police at high speed and was poised to run over Davis fired at him.


The civil rights lawsuit was filed in 2020 by Joseph-McDade’s parents. They said they would hold a press conference Thursday.
Kent Officer Matthew Rausch had initially stopped Joseph-McDade on June 24, 2017, in the parking lot of a Kent convenience store for having an expired registration.
 

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Official: Police shooting leads to largest payout in Lynchburg history
A settlement struck to end a federal lawsuit against two former Lynchburg police officers resulted in the largest payout in the city’s history, a city official said.
The complete scope of the deal reached with Walker Sigler, a Hill City man shot by police at his home in 2018, is still secret.
But records obtained by The News & Advance show city taxpayers were on the hook for the first $500,000 of the record-setting payout.
In an interview, City Attorney Walter Erwin acknowledged Lynchburg paid out the entirety of its half- million dollar deductible for the first time in the city’s history.

The city’s insurance pool picked up the rest of the tab, which has led at least one open-government advocate to suggest the settlement could lead to higher insurance costs down the road.
Sigler launched his suit against the two officers — Edward Ferron and Savannah Simmons — last June, seeking $12 million in damages. A confidential settlement was reached in December.

“Following extensive negotiations, the issues addressed by this lawsuit have been resolved by the parties in a manner which reflects the seriousness of these events and the gravity of Mr. Sigler’s and his family’s injuries and losses,” John Lichtenstein, Sigler’s attorney, wrote in a statement announcing the settlement.

The News & Advance filed a Virginia Freedom of Information Act request with Lynchburg for any city documents that show the amount of money awarded in the case.

In response, the city provided copies of financial records documenting the $500,000 deductible payment but said it has no records directly tied to the complete settlement.
Erwin said only the city’s insurance pool — a private entity not subject to open record laws — and Sigler know the full terms of the deal.
“We do not have a copy of the settlement agreement,” Erwin said. “It was the insurance company’s call as to whether or not to settle the case.”

Lynchburg City Manager Bonnie Svrcek said she was never told how much money was paid out as part of the deal.

“I do not know anything other than the case was settled and it’s behind us,” Svrcek said. “I do not know that number, nor do I want to.”
Megan Rhyne, the executive director of the Virginia Coalition for Open Government, said confidential suits obscure how taxpayer dollars are spent, impeding government accountability.
“There’s an overwhelming public interest in knowing about police excessive force cases,” Rhyne said. “I think it’s important to know the terms of the settlement because it shows the performance of the government.”

Rhyne also said the payout could have direct consequences for city coffers, namely in the form of higher insurance costs.
“We should know how much was settled for, not just how much the city paid out in their deductible and that’s because how much the insurance company pays out ultimately does impact the city,” she said. “Premiums can change based on what they pay out and that does impact the city’s bottom line.”

Erwin, however, noted the Sigler payout was a rare event, suggesting the settlement will have little to no impact on future insurance costs.
“This was an anomalous situation,” Erwin said. “It certainly doesn’t take away from the seriousness of the incident but this isn’t something that happens every day. The city has a good record with its insurance company.”

The Sigler settlement is the second time in the last decade the city has agreed to pay a claim related to alleged police misconduct. In 2011, the city paid $250,000 to the family of Clarence Beard Jr., a Lynchburg man who died in police custody in 2006.
Sigler was shot by Ferron and Simmons in the early morning hours of Feb. 17, 2018, at his home on Link Road.
Ferron and Simmons, along with three other officers, attempted to enter the home to investigate an open front door deemed suspicious on the night of the shooting. Attorneys for Ferron and Simmons later claimed the open door indicated a crime could have been committed inside the home.

Sigler, who had been awakened by the police presence, was shot in the leg when the two officers mistook him for an attacker.

Sigler was badly injured in the shooting. In addition to a shattered right femur, he suffered permanent vision loss in his left eye as a result of blood loss. He has since undergone several surgeries, according to his attorney.
Ferron and Simmons were later indicted in connection with the shooting but avoided jail time after each pleaded no contest to misdemeanor reckless handling of a firearm — a reduced charge reached in an agreement with prosecutors. The two officers have since resigned from the force.
Richard Chumney covers Liberty University for The News & Advance. Reach him at (434) 385-5547.
 

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Latest Use Of Force Suit Against Charleston Police Ends In $80,000 Settlement
West Virginia Public Broadcasting | By Emily Allen
Published July 7, 2020 at 6:14 PM EDT

The city of Charleston will pay an $80,000 settlement to a Black woman who police arrested and allegedly injured outside a Family Dollar on Charleston’s West Side in October 2019.


City council members approved the terms of the settlement during a meeting on Monday, after attorneys for Freda Gilmore and the city agreed to settle last week, the Charleston Gazette-Mail reported.

“This settlement gives Freda an opportunity to pick up these pieces and move forward, to start over again,” said Gilmore’s attorney Michael Cary in an interview with West Virginia Public Broadcasting Tuesday afternoon.

Cary said he also reached a confidential settlement for Gilmore with Family Dollar. The store’s security guard was involved in Gilmore’s arrest.

Patrol officer Carlie McCoy was responding to an altercation between two people outside the Family Dollar on Oct. 14, 2019. McCoy said in a police report that night that Gilmore was involved in the fight. McCoy further alleged that Gilmore was uncooperative, refusing to remove her hands from her pockets and attempting to walk away from McCoy.

McCoy already had Gilmore on the ground when patrol officer Joshua Mena arrived at the scene and approached them, following McCoy’s requests for backup. He said in his own supplemental statement that he had attempted to strike Gilmore with his knee.

Mena acknowledged issuing several more fist blows to Gilmore’s face when she was on the ground, which he said were to “gain pain compliance.”

Gilmore, who Cary and her family say has special needs, stayed at the South Central Regional Jail in Charleston for less than a week before her release. The city of Charleston is agreeing, through the settlement, to dismiss the two misdemeanor charges against her, for obstructing an officer and animal cruelty.

During her arrest, McCoy said she found a dead small dog in Gilmore’s pockets, which officers said died from parvo. Gilmore told the Gazette-Mail in January she had found the sick dog earlier and it wasn’t hers, but she wanted to help it.

An internal review from the Charleston Police Department found the actions of Mena and McCoy fit the city’s decades-old use of force policy, last updated in 2003. Both officers remain on staff.

Videos of the arrest from bystanders posted to Facebook sparked public outcry and requests for a new investigation last fall. Charleston Mayor Amy Goodwin said in November the city referred the incident to the FBI for review, but there have been no updates and the Charleston Police Department’s policy remains unchanged.

Earlier this year, the Kanawha County Commission also agreed to pay a $275,000 settlement to a white family in Dunbar, who alleged that the sheriff’s department and local police illegally and forcibly entered their home early in the morning on March 12, 2016, in search of a suspect who attorneys say the family had nothing to do with.

According to the Crites’ family lawsuit, filed in March 2018, officers didn’t have a warrant. They entered the Crites home with firearms, they didn’t identify themselves, and they damaged the stairs leading up to the Crites’ attic, their front door and their garage door.
Cary filed a separate suit against the Smithers Police Department in Kanawha and Fayette counties for an incident in 2019, during which an officer allegedly threw two women to the ground and injured both, as he was trying to arrest one of the women for missing a hearing in Fayette County magistrate court. Attorneys for that officer, C.L. Osborne, denied most of the complaint’s allegations of violence in a response filed on Feb. 14.
 

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Aldermen advance $300,000 settlement for girl shocked by Taser by police in West Side high school
By JOHN BYRNE
CHICAGO TRIBUNE |
DEC 14, 2020 AT 2:13 PM

A girl who was shocked with a Taser by police during a scuffle at her West Side high school is in line for a $300,000 settlement in the case that drew widespread attention after video of the incident surfaced.
The City Council Finance Committee on Monday approved the settlement in the 2019 federal civil rights lawsuit the girl filed against the city. The full City Council will consider the proposal Wednesday.


Police shocked the then-16-year-old junior with a Taser at Marshall High School in January 2019 after she bit one officer and kicked and punched another during a scuffle that sent all three tumbling down a staircase.
The video shows two officers approaching the girl as she walked the hallways of the school. When she moved away, one officer lunged forward and grabbed her, pushing her toward a flight of stairs. The girl was then dragged down the steps, the officers holding her arms and legs.

When they land at the bottom of the stairs, one of the officers appears to be on her knees as she pins the teen down. The other officer appears to kick the teen and put his foot on her. Eventually, a stun gun was used on the girl.

The Civilian Office of Police Accountability is reviewing the incident, which helped increase the scrutiny on police officers serving in Chicago public schools.
The Chicago Police Department subsequently changed its rules determining when school resource officers can “physically engage” with students, city attorney Jeff Levine said Monday. The two officers no longer work as school resource officers, Levine said.
The Tribune is not naming the girl because she is a minor.
After a video of the incident went viral, prosecutors dropped two counts of felony aggravated battery against the girl. She subsequently filed a federal lawsuit against the city, the Police Department and Chicago Public Schools.

The federal suit contends she was “without justification, physically abused and traumatized by two Chicago police officers.” It says the officers were assigned to the school “without proper recruitment, training, direction or supervision.”
Also Monday, aldermen advanced a $295,000 settlement for a family that said police wrongly raided their house while serving a search warrant, and a $162,500 settlement for a man who said police wrongly accused him of firearm possession.
 

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Doesn't make me any better but okay.
This thread ain't supposed to make anyone feel good. However, you now know where the money comes to pay for it, how long it could take to finally get it, who ultimately signs off on it, and others. If people really see consistently how much money is lost protecting this system.......nevermind
 

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During a no-knock search warrant nearly seven years ago, St. Paul police shot and killed two dogs — and a family was in the line of fire, according to a federal lawsuit that’s just been settled.
20140710__140710_PitbullsShot_MellowLaylo.jpg

Larry and Camille Arman hope the $70,000 settlement, which the St. Paul City Council agreed to Wednesday, “will help prevent these tragedies in the future,” said Elliott Nickell, their attorney.

The couple said in their lawsuit that the warrant, which was obtained by a Minneapolis police officer, was based on faulty information. Neither of them was charged with a crime after the search.


Camille Arman said she thinks of Breonna Taylor, who was fatally shot by police during a no-knock search warrant at her Louisville apartment last year, and wants to bring awareness to the issue.

In July 2014, officers “barged through the front door without warning and began firing their automatic weapons,” the Arman’s lawsuit said. Police had been told the family’s dogs “were aggressive when the dogs were not aggressive,” the lawsuit continued.

One of the pit bulls, Mellow, was laying in the living room and an officer shot the dog before it stood up; the dog had not shown aggression toward police, according to the lawsuit.

When the shooting started, the other dog, Laylow, ran toward the family and Camille screamed at police to stop shooting. Laylow reached Larry, began to lay down and an officer shot the dog.

The officers “had a clear view that” the family was “in the line of fire,” the lawsuit said. Camille, who was eight months pregnant at the time, said she threw herself on top of her two sons, then 4 and 7, to protect them.

Police “ransacked the house, destroying much of the family’s personal property” and “found no evidence of criminal activity within the house,” the lawsuit said.

The search warrant, which a judge approved, was based on information from a confidential informant, but the Armans “question the reliability and the honesty of the informant,” according to their lawsuit.

The warrant said Minneapolis police had information that Larry Arman was involved in drug dealing and carried a semiautomatic handgun, though the Armans told the Pioneer Press that Larry neither carries a gun or sells drugs.

During the search in 2014, police found suspected marijuana in a metal grinder and $997 in cash, according to the search warrant receipt filed at the time. Larry Arman said the money was from the towing business he owns.




Untitled-1.jpg
Larry and Camille Arman (Courtesy photo)
 

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Police paralyzed him. Gov. Ron DeSantis just approved his settlement
The bill had surprisingly bipartisan support this session, months before protests over police abuses gripped the nation.
YVEYNVGGREI6TCHRIBWI6S7HAY.jpg


Published Jun. 9, 2020
Updated Jun. 9, 2020
TALLAHASSEE — In 2013, Dontrell Stephens was riding his bike down a West Palm Beach neighborhood when a sheriff’s deputy pulled up behind him.
Seven seconds later, Stephens was shot four times and paralyzed from the waist down. Deputy Adams Lin said Stephens refused commands to raise his arms, prompting him to shoot. Stephens, 20, was unarmed.

On Tuesday, Gov. Ron DeSantis signed off on Stephens’ $6 million settlement with the Palm Beach County Sheriff’s Office, just a day before the deadline. The decision came four hours after the Times/Herald published online that the bill awaited his signature. He also signed a bill Tuesday awarding a Jacksonville man who was wrongfully imprisoned $2.1 million.

“The relief bills for Dontrell Stephens and Clifford Williams had bipartisan support and were signed by Governor DeSantis because it was the right thing to do,” DeSantis’ spokeswoman, Helen Aguirre Ferré, said in a statement.

Lawmakers in both parties urged the governor to pass it, and not just because of the current protests over police abuses. Stephens’ shooting, captured on the deputy’s dashboard camera, was one of the rare moments of bipartisan unity during this year’s legislative session. The House and Senate voted a combined 152-2 in favor of the agreement. Only Sens. Dennis Baxley, R-Ocala, and Kelli Stargel, R-Lakeland, voted against it.

DeSantis himself has a mixed record on criminal justice issues. One of his first acts as governor was to pardon the Groveland Four, the four young black men wrongly accused of raping a white woman in Lake County in 1949. His predecessor, Gov. Rick Scott, had declined to pardon them.

And DeSantis was highly critical last week of the Minneapolis police officer who knelt on the neck of George Floyd for more than 8 minutes, killing Floyd. But the governor has not championed criminal justice reforms in the Legislature, and he had not publicly weighed in on Stephens’ case, which was sent to his desk two weeks ago, until Tuesday’s bill signing.

“I’ve advocated to the governor’s office that the bill become law,” said Sen. Anitere Flores, R-Miami, who sponsored the bill this year. “The fact that there was overwhelming support for it in both chambers, that should mean a lot.”

The vote on the Stephens settlement was even more extraordinary considering the Republican-controlled Legislature’s reluctance to approve settlements with local governments. State law requires lawmakers approve settlements with local governments over $200,000, and legislators are notoriously stingy with their power. Many so-called “claims bills” languish for years without a vote.


One reason why it passed was because Palm Beach County Sheriff Ric Bradshaw didn’t want to pay Stephens a dime, and his lawyers tried to convince lawmakers that Stephens, a black man with a history of minor drug offenses, didn’t deserve the money. That strategy offended many lawmakers, Flores and others said.

“The insinuation was there that he wasn’t a Boy Scout, so why should the sheriff give him any money?” Flores said. “And that caused a major backlash from the House.”

Stephens will never walk again. The settlement money would be held in a trust controlled by a guardian and used to pay for his life and medical expenses.

Stephens’ lawyer, Jack Scarola, said called DeSantis’ action “very gratifying” and that it will enable Stephens to not have to worry about “where his next meal will come from.”

“The Claim Bill provides for the payment of only a small fraction of what a federal jury and federal judges found to be just compensation for a lifetime imprisoned in a wheelchair,” he said in a statement.

Scarola also called Stephens’ case “a perfect illustration of the injustices associated with Florida’s sovereign immunity laws and the entire Claim Bill process.”

Lin said he stopped Stephens in 2013 to write him a ticket for not bicycling properly, according to the Palm Beach Post. He also said he didn’t recognize Stephens from the neighborhood. Stephens is black.

Lin, in his patrol car, turned on his lights and siren to stop Stephens. Stephens got off his bike and turned around. Four seconds after getting out of his patrol car, Lin shot Stephens four times. Stephens was holding a cell phone in his right hand.

The sheriff’s office ruled that Lin reasonably feared for his life. Stephens sued, and in 2016, a federal jury found the deputy at fault and awarded Stephens $22.5 million.

But Bradshaw, the longtime sheriff, refused to pay it. When Scarola went to lawmakers to approve the settlement this year, Bradshaw still didn’t want to pay it.

Attorney and lobbyist George Levesque, on behalf of Bradshaw, tried to convince lawmakers that Stephens didn’t deserve the money. He gave lawmakers a packet of social media posts by Stephens showing “photos of him with money and drugs,” Levesque said.

He noted that Stephens had twice been charged with cocaine possession before the shooting, and he was charged with selling small amounts of drugs to an undercover Palm Beach County sheriff’s deputy after the jury verdict.

“Mr. Stephens has made poor choices throughout his life, before and after this incident occurred,” Levesque said during the first committee hearing for Stephens’ bill.

Several lawmakers were visibly angry by Levesque’s presentation, however.

“Mr. Levesque, I’ve gotta tell you, I’m trying terribly hard not to be deeply offended by your argument,” said state Rep. Tom Leek, R-Ormond Beach. “Because it would appear that your argument is that sovereign immunity is somehow a license for a government actor to shoot someone in the back.”

“That is something I could not stand for,” Leek added. “When you come back, I deeply hope that that’s not the argument you make again."

State Rep. Anika Omphroy, D-Lauderdale Lakes, held up the packet of photos and other materials about Stephens the sheriff’s office gave lawmakers.

“I don’t care what this person did beforehand,” Omphroy said. “The nerve of you to sit here and recount the 19-year-old’s life. He was 19 in some of these pictures. I’m just pretty pissed. Do better.”

The sheriff’s office changed their argument when the bill got to the Senate.

“There was absolutely a backlash,” Rep. Rep. Dotie Joseph, D-Miami, the co-sponsor of the bill in the House. “They went on to basically defame him, which is exactly what we see in the media when it happens.”

The other co-sponsor, Rep. Juan Fernandez-Barquin, a Miami-Dade County Republican, agreed.

“I also showed many of my colleagues the dash cam video of the shooting and many were shocked,” he said in a text message.

The backlash prompted Bradshaw to come back to the table. Through negotiations with lawmakers, Bradshaw agreed to pay $4.5 million to Stephens’ trust, plus up to $1.5 million toward any outstanding liens against Stephens for unpaid medical bills.

With the sheriff’s support, the bill coasted through the Legislature. It passed unanimously in the House, which was “virtually unheard of for a claims bill,” Flores said.

Levesque said in an email that “Reasonable people can disagree about what the proper approach should have been and why the claim bill passed.”
“From the start of that process, Sheriff Bradshaw was always willing to pay a reasonable amount for the injuries suffered by Mr. Stephens,” Levesque said. “What was opposed was the notion of giving more than $22 million of taxpayer funds to an individual who was selling drugs at the same time he was asking the Legislature for millions in non-economic damages.”

Joseph said the governor’s signature “would be significant and a positive reflection on him.”

“Just as George Floyd, Dontrell Stephens should not have been treated the way that he was by police,” Joseph said in a statement.

 

Politic Negro

Rising Star
BGOL Investor
City of Jackson reaches settlement in federal lawsuit
November 5, 2020

JACKSON, Tenn. — The City of Jackson has reached a settlement in a federal lawsuit that could cost several hundred thousand dollars.

Six people who have been arrested by Jackson police officers could see compensation soon after a class action lawsuit against the City of Jackson was settled this week.

A special called meeting was scheduled for Tuesday, November 10 regarding a $525,000 settlement in the same lawsuit.

The lawsuit, filed in February 2019, alleges that the individuals who filed the lawsuit, which originally named Jackson City Court Clerk Darryl Hubbard and Jackson Police Chief Julian Wiser as additional defendants, were wrongfully detained by police due to issues with the arrest warrants.

Both Wiser and Hubbard were later dropped from the suit as defendants, and are no longer a part of the lawsuit or the pending settlement.

The parties in the lawsuit say they believe the City of Jackson violated their 4th and 14th Amendment rights by detaining them with improperly signed warrants.

The plaintiffs also allege they have suffered physical and mental injuries, severe emotional distresses, and other concerns.

Court documents say attorneys Michael Weinman and J. Russ Bryant, who represent the residents, and John Burleson and Dale Conder, who represent the city, reached a settlement through mediation on Wednesday.

WBBJ 7 Eyewitness News reached out to all four attorneys. Weinman and Bryant were unavailable for comment. Burleson and Conder chose not to comment on the terms of the settlement because the case is still pending.

Court documents also say the settlement was agreed to by all the attorneys, but it is still pending approval by the court.

Any additional money or terms of the settlement have not been confirmed at this time.

City officials argued with each other in the middle of a specially-called city council meeting, discussing a lawsuit which involves the Jackson Police Department at the City Court clerk’s office.

“It hurts a bit. More importantly, these are not our dollars. These are taxpayer dollars. These are citizens of Jackson’s dollars that we’re responsible for, and we’re responsible to be good stewards of,” Jackson Mayor Scott Conger said.

The lawsuit was filed in February 2019 and alleges that the complainants were wrongfully detained by police due to issues with arrest warrants.

The two parties reached a settlement last week. On Tuesday, the city’s attorneys discussed the reasoning for why they’re advocating for a settlement.

“The fact that we can put a cap on things here. We don’t really, honestly, have a full grasp of what the exposure is,” attorney John Burleson said.

Councilman Ernest Brooks asked Burleson if the issues happened for at least three years.

“Yes. Actually, we think more,” Burleson said.

The meeting then took a turn when City Court clerk Darryl Hubbard began to argue that his office was understaffed.

“Since 1998, my department has not grown a bit, but the workload has increased exponentially. It’s something that has to be addressed, guys,” Hubbard said.

And Hubbard says the problem with the warrants potentially spanned much longer than they initially thought.

“Three years? Try 30 years. Try 40 years,” he said.

Hubbard said he believes the police department is contributing to the issue, which caused Jackson Police Chief Julian Wiser to come up and defend the department.

“I could tell the city council that we’re currently 25 officers short and I can’t do my job,” Chief Wiser said.

“And I feel sorry for you,” Hubbard said.

“Let me finish. You brought JPD into this, and I’m going to address it,” Wiser said. “Victims out there expected us to get a warrant signed and get this criminal offender off the street, and that’s just one of many issues we deal with in City Court.”
City council members eventually voted to approve the settlement, which will cost taxpayers about $525,000. The city’s insurance policy will cover another $525,000.

And the future will hold more discussions about what needs to be done to ensure the issue does not come up again.

“This has to be fixed. This is sad that we’re here and we’ve got two departments for the city fighting against each other,” Jackson City Councilman Johnny Dodd said.

The city’s attorneys suggested that if they continued to fight the lawsuit, up to 15,000 warrants from city court could go under review.
 

Politic Negro

Rising Star
BGOL Investor
KC police paid $725,000 in settlement on allegations of excessive force against teen
BY GLENN E. RICE
JANUARY 06, 2021 02:48 PM,
UPDATED JANUARY 06, 2021 04:18 PM

Kansas City police commissioners agreed to pay $725,000 to settle an excessive use of force allegation against the department and a police sergeant who was charged with assault after he allegedly forced his knee on the back of the teen’s head during an arrest.

The petition for civil settlement was filed in October in Jackson County Circuit Court against Sgt. Matthew Neal and Officer Dylan Pifer who were involved in the Nov. 14, 2019, incident in a parking lot at 51st Street and Troost Avenue.

The amount of the settlement was obtained late Tuesday by The Star through a Missouri Open Records Request to the police department. A Jackson County judge approved the order for the civil settlement on Nov. 17.

The police department confirmed the payment and the amount to The Star on Wednesday.

Neal also faces criminal charges for his involvement in the incident.

During the incident, the teen suffered a gash on his head, bruising and broken teeth. As the teen was lying on the ground, Neal allegedly forced his knee on the back of the teen’s head.

The teen was heard saying “I can’t breathe,” according to court documents that were later filed in support of criminal charges against Neal.

The Star spoke to the attorney for the teen on Wednesday who also confirmed the payment and the amount.

“As always, my hope is that a single incident like this does not affect our community’s trust in the good work our law enforcement performs,” Tom Porto, who represented the teen and his mother, said in a statement on Wednesday. “To be clear: KCPD does good work. However, with an instance as egregious as this, an instance that involved a minor, that was reviewed internally from the top down, I find it impossible to believe that the community’s trust in this department has not again been adversely affected.”

Porto continued: “So at some point, we as a community must ask: Can we really continue business as usual? What can we do to make sure things like this never happen again? You just feel like your hands are tied sometimes. It’s exhausting.”

Mayor Quinton Lucas, who is a member of the Kansas City police board, has urged his fellow commissioners and city elected officials to be more transparent when alerting the public when settlement payments are approved and paid.

“My heart breaks for the young man and his family,” Lucas said in an interview with The Star on Wednesday. “It does not appear from any indications that this young man did anything wrong. Anyone who has seen the pictures would be disturbed by them, I was disturbed by the pictures. I think a settlement was certainly warranted in this case.”

“We should have done right by this family sooner,” Lucas said.

Don Wagner, police board president, could not be reached for comment.

In August, a grand jury indicted Neal, 40, on a charge of third-degree assault of a teenage victim on Aug. 21 after reviewing evidence from a Nov. 14, 2019, incident in a parking lot at 51st Street and Troost Avenue.

Neal pleaded not guilty to the assault charge and is still employed with the police department but has been suspended with pay while the criminal case remains open. Pifer, the other officer involved in the incident, is active duty and is assigned to the patrol division, a police spokesman confirmed Wednesday.

According to charging documents, the victim was a passenger in a car that fled as police attempted to pull it over.

The vehicle came to a stop in the parking lot of Go-Chicken-Go. The driver and the teen exited the car and got on their knees with their hands up, charging documents said.

The teen did not struggle or pull away, Jackson County Prosecutor Jean Peters Baker said in a press conference in August.

Neal pressed his knee into the teen’s head and neck, pinning the teen’s face into the pavement and forcing him to struggle for oxygen, charging documents said

The teen was not arrested or charged with any crime associated with the incident. He was taken to Children’s Mercy Hospital, where he received six stitches near his hairline.


Neal is the fourth Kansas City police officer to be indicted by the Jackson County Prosecutor’s Office since May.

In June, a Jackson County grand jury indicted Eric J. DeValkenare, 41, in the 2019 killing of Cameron Lamb, who was shot while sitting in his pickup truck in his own backyard.

Several weeks earlier, two police officers, Matthew G. Brummett and Charles Prichard, were each charged with assaulting Breona Hill, 30, a transgender woman they arrested. The officers were accused of slamming Hill’s face against the concrete sidewalk and kneed her in the face, torso and ribs.

Over the summer, community groups have called for Police Chief Rick Smith to resign, citing a lack of confidence in his handling of fatal police shootings of Black men, and allegations of excessive use of force by the police department.
 

Politic Negro

Rising Star
BGOL Investor
City of Alexandria, Browns settle federal lawsuit from theater fight
Melissa Gregory
Alexandria Town Talk

The city of Alexandria and radio host Tony Brown and his wife, Bianca, have settled a federal lawsuit that the couple filed after alleging that a former police officer used excessive force against them during a May 2016 fight at The Grand Theater.
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A settlement conference via video was held over two days this month. Attorneys for both sides on June 25 offered an oral motion to dismiss the lawsuit without prejudice, which was granted.

Dismissing without prejudice means the lawsuit could be reopened with good cause within 60 days. It will become dismissed with prejudice once those two months have passed, meaning it cannot be reopened.

Terms of the settlement weren't available in online court records. Messages left Friday afternoon for the Browns' attorney, Carol Powell-Lexing, and city spokesperson Jim Smilie weren't immediately returned.

Tony Brown was arrested after he and a theater employee, Michael Stevenson, got into a fight after the Browns had seen "Captain America: Civil War" there on May 21, 2016. Stevenson had spoken with Bianca Brown before the movie when her husband wasn't present, and the two men interacted after that and again after the movie.

Capt. Mike Rennier, at the time an Alexandria Police Department officer working an off-duty security shift at the theater, broke the fight up by tackling the pair. Bianca Brown was knocked over and required an ambulance, according to the lawsuit, and Tony Brown sustained injuries.

Brown later was found guilty in Alexandria City Court of disturbing the peace by fighting.

Rennier, who eventually retired and moved to Dunnellon, Florida, was cleared of wrongdoing in an internal affairs investigation.

However, in a separate incident, Rennier was arrested in March by the Rapides Parish Sheriff's Office on a charge of bigamy, but he has not been formally charged. He's accused of marrying another woman in November 2019 in Las Vegas while still married to his wife in Rapides Parish.:roflmao:

The police department, Alexandria City Council and the theater were released from the lawsuit previously.
 

Politic Negro

Rising Star
BGOL Investor
City Commission Approves $146,049 Settlement
By Ana Monticelli on February 11, 2021

At the Jan. 27 meeting, the City Commission approved a personal injury settlement between Alejandro Leiva and Ethan Honorat against the City of Tallahassee. This settlement comes from a car accident involving a Tallahassee Police Department car. This settlement will resolve the claims against the City for a total of $146,049, including $16,049 worth of property damage. The amount will be paid from the Risk Management Fund.

On Jan, 24, 2019, Leiva was driving and was hit by a Tallahassee Police Department vehicle at the intersection of W. College Avenue and South Macomb St. The accident happened because the police officer ran a red light. The accident caused Leiva, a 23-year-old college student, and his passenger, Honorat, to suffer multiple injuries. Their total medical expenses added up to $96,559.

Leiva and Honorat served the City with a lawsuit seeking damages for medical expenses, lost wages and pain and suffering. This case was negotiated by Risk Management for a full settlement of $146,049.

This sum includes property damage to Leiva’s vehicle, which was totaled, costs and attorney fees. Leiva suffered injuries to his neck, shoulder, knee and ankle and had to receive a partial discectomy because of herniated discs. His medical expenses added up to $50,532. Honorat also suffered injuries to his neck, back, knees and ankles and had to receive injections to his cervical spine and a partial discectomy. His medical bills added up to $46,017.
 

Politic Negro

Rising Star
BGOL Investor
Motorist gets $325K to settle claim cop threatened him with gun
Updated Aug 23, 2020; Posted Aug 23, 2020

A South Jersey man received $325,000 to settle a federal lawsuit he filed alleging that a police officer ran him off the road and held a gun to his head.


William Fulbrook was driving to work on a roadway in Monroe Township, Gloucester County, early one morning in February 2017 when he claimed another driver ran a red light and cut into his lane of travel. He flashed his high-beams to express his displeasure with the other driver, according to his lawsuit.

That other driver, as it turned out, was a Monroe cop in an unmarked car, according to Fulbrook.

Matthew Buerklin pulled to the side of the road, let Fulbrook pass, then pulled behind him with his high-beams on, before pulling alongside him and “effectively running Plaintiff’s car off the road,” according to the suit.

Buerklin jumped out of his car with a gun in one hand and a flashlight in the other, and allegedly yelled “Freeze, mother(expletive),” while putting his gun “very close” to Fulbrook’s head.

"How do you like that, mother(expletive)," Buerklin continued, according to the suit. "Now what are you going to do,
Fulbrook claimed he pleaded with Buerklin not to shoot him.



Other officers arrived and Fulbrook was issued tickets for improper use of high-beams and following too closely, but they were later dismissed in municipal court.

One of the officers at the scene apologized to Fulbrook and said Buerklin was making them write the tickets, according to the suit, which named Buerklin, police Chief John McKeown and the township as defendants.

The suit claimed excessive force, false arrest, malicious prosecution, assault and civil rights violations.

The Gloucester County Prosecutor’s Office investigated the incident and found that Buerklin violated some state use of force guidelines for police, but decided they would not bring criminal charges, Fulbrook’s attorney, Kevin McCann, said in 2018. The matter was sent back to the township, but it’s not clear if Buerklin faced any discipline over the incident.

He remains employed with the department.

Under terms of a settlement agreement reached in May, Fulbrook was paid $325,000 in the form of a single check made payable to his attorney.

The township admitted no wrongdoing and the parties agreed the settlement was “entered into solely to avoid the continuing expense and distraction of litigation,” according to the agreement.

After the suit was filed in 2018, McCann said the incident left his client shaken.

"My client is a construction worker and he's scared stiff of this guy," McCann said. "And my client's a big dude."
 

Politic Negro

Rising Star
BGOL Investor
Winslow Township confidentially paid $110,000 to settle man’s claim that police threw him face-first into a curb.
On January 9, 2020, the Township of Winslow (Camden County) quietly paid $110,000 to settle a Sicklerville man’s excessive force lawsuit arising out of his June 13, 2017 encounter with two Winslow officers.
In his lawsuit, James O’Hara claimed that he, his grandfather and others flagged down Winslow Police Officers Matthew Gibbons and James Haines who were driving their patrol cars. O’Hara’s grandfather, Ramon Gonzales, allegedly had a crow-bar in his hand at the time.

When Gibbons and Haines got out of their patrol cars, Gibbons allegedly screamed for Gonzales “to put that f**king thing down.” Despite O’Hara’s claim that “Gonzales never raised the crow-bar at [Gibbons] or threatened Gibbons whatsoever,” Gibbons allegedly grabbed Gonzales and threw him onto the road. Even after Gibbons secured control of the crow-bar, O’Hara claimed that Gibbons threw Gonzales onto the road again after he got to his feet.

O’Hara, who claimed that he “begged Gibbons to get off of Gonzales,” said that when he “moved toward Gibbons and Gonzales” both officers threw him “to the ground face-first, causing him to strike a curb with his face.” O’Hara claimed that he was taken to Virtua Hospital “where he was diagnosed with a facial contusion and nasal fracture.”

Although charged with Fourth Degree Aggravated Assault, Fourth Degree Obstruction and the Disorderly Persons offense of Resisting Arrest, O’Hara claimed that he ultimately pled guilty only to the Disorderly Person charge.

Winslow Police Chief George Smith was also named as a defendant in the suit.

The case is captioned as James O’Hara v. Winslow Township, et al, Federal Case No. 1:18-cv-14626. O’Hara’s attorney was Thomas J. Mallon of Freehold. The lawsuit and settlement agreement are on-line here.

The settlement agreement contains a confidentiality clause, which prevents the parties to the suit from disclosing the settlement’s terms to others, including the media. Fortunately, however, these confidentiality clauses do not trump the public’s right to obtain copies of settlement agreements that arise out of lawsuits in which a government agency or official is a defendant.

The lawsuit’s allegations have been proven or disproven in court. Settlement agreements typically state that payment does not constitute an admission of wrongdoing by Winslow Township, Chief Smith or either of the officers. All that is known for sure is that Winslow or its insurer, for whatever reason, decided that it would rather O’Hara $110,000 than take the matters to trial. Perhaps the defendants’ decision was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases resolve before trial–it is impossible to know the truth of what really happened.
 

Politic Negro

Rising Star
BGOL Investor
Woman injured by Omaha police cruiser will receive $50,000 in settlement with city

The City of Omaha will pay $50,000 to a woman who was injured in a car crash involving a police cruiser in 2017.
The City Council approved the settlement with Rachelle Stuart earlier this month. An attorney representing Stuart did not return a phone message.

According to city and court documents, Stuart was riding in the front passenger seat of a friend’s vehicle on June 21, 2017, when a police cruiser driven by Officer Ryne Sell struck the vehicle in the intersection of 24th and Farnam Streets. Stuart suffered a shoulder injury, the documents say.
A police report from the day of the crash says video footage from Sell’s cruiser camera showed that his cruiser entered the intersection when the light was red. Three witnesses cited in the report told police that the cruiser had its emergency lights activated.

Those witness accounts differed on whether the light was green, turning from yellow to red, or red.
The money will be paid from the city’s Contingent Liability Fund.
 
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