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

[Politic Negro]

Omaha Settles With ProBLAC Over Summer Protests

The City of Omaha has reached a settlement agreement with protesters backed by the ACLU of Nebraska, agreeing to dismiss a federal civil rights lawsuit in exchange for adopting policy changes and recommending the revision of a city ordnance.

Spoiler: Story

The proposed settlement was filed in the U.S. District Court for the District of Nebraska last Thursday in ProBLAC v. City of Omaha, according to a joint news release by the city and the ACLU.

The litigation was brought by ProBLAC – the Progressive Black-Led Ally Coalition formed last June – as well as several people involved in a protest last July along Farnam Street.

Among the terms of the settlement is the city’s recommendation to the Omaha City Council to revise an ordinance, requiring that a reasonable opportunity be given to clear blocked public roadways.

The joint release describes the proposed revision as “revised ordinances affording protesters more protection and requires a prompt and good faith effort to support their passage.”

An appeal of a Douglas County Court judge’s determination that struck down the ordinances would be withdrawn, but a lawsuit could be refiled if the council fails to adopt the ordinance revisions. “From the start, our plaintiffs’ goals were to defend their rights and protect future protests. This agreement achieves meaningful progress on both fronts,” ACLU of Nebraska Legal Director Adam Sipple said in a statement.

The Omaha Police Department also agrees to provide clear training related to the use of chemical agents, mass arrests, identification of officers and the accessibility of its policies.

Police officers are prohibited from using chemical agents against anyone who is engaged in expressive, non-violent behavior. Exceptions are when police target a specific person for whom there is probable cause to arrest, but only when a clear and unambiguous warning is given that the person is subject to arrest and that such chemical agents will be used. Even then, chemical agents should only be used when “a last resort to protect against injury to members of the public or law-enforcement officers,” according to the settlement agreement.

Chemical agents include pepper balls and spray, mace, flash-bangs, tear gas and other forms of grenades and foam rounds or others kind of rubber bullets.

The agreement also requires two public annual reports that will address OPD compliance with its terms, including details on deployment of chemical agents.

The city will also publicly publish an up-to-date manual of all OPD policies, procedures, general orders and specific orders in a searchable, online format – except for policies deemed tactical.

“I am pleased we were able to reach an agreement and set a positive tone for the start of 2021,” Omaha Police Chief Todd Schmaderer said in a statement. “When common ground can be reached everyone benefits. I want to thank the legal teams, from both sides, for their dedicated work.”

Under its terms, plaintiffs agree to dismiss claims for damages while defendants agree to dismiss pending charges for violation of Omaha City Code Sections 20-44 or 20-45 against any person present at the Farnam Street March, according to the joint statement.

The settlement agreement terms would be enforceable for two years if accepted by the court. The agreement follows a court mediation process that began Dec. 7.

“The parties wish to thank one another for negotiating this settlement which is (in) their mutual interests and will ultimately benefit the entire community,” the litigants said in the statement.

Find a copy of the terms at omahadailyrecord.com.

Bear Matthews is a plaintiff and community advocate with the organization ProBLAC.

 

[Politic Negro]

Settlement reached in excessive force lawsuit against Knox County Sheriff’s Office
KNOXVILLE, Tenn. (WATE) – A settlement has been reached in a lawsuit against the Knox County Sheriff’s Office after a man hogtied by deputies died while in custody.

Jonathan Binkley died in the custody of Knox County deputies after he was arrested by Knox County in July 2019 for leading deputies on a vehicle chase.

Spoiler: Story and pics

Body cam footage and photos included in the excessive force lawsuit filed by Binkley’s mother show Binkley was pulled through the driver’s side window and hogtied, with his ankles and wrists handcuffed together.

The lawsuit alleged deputies used excessive force to restrain Binkley, who was unarmed, immobilized and lying on the ground surrounded by deputies. The use of the hog-tie restraint on suspects has been banned by many local law enforcement agencies across the country.

A medical examiner determined Binkley sustained six fractured ribs, lacerations to his face lips and right ear as well as multiple abrasions. However, the examiner said the injuries could have been caused by both the vehicle crash and force used by deputies.

The lawsuit states the cause of death on Binkley’s autopsy was drug intoxication. Deputies had administered Narcan and performed chest compressions.

The lawsuit sought damages of up to $4 million. Knox County spokesperson Mike Donila said the settlement is $750,000, which included attorney fees.

 

[Politic Negro]

City reaches $150K settlement with man who said KPD officer broke his arm
Raymond Taylor's lawyer had just filed a lawsuit against the city in May. The city admits no wrongdoing by KPD officers.

Spoiler: Story

KNOXVILLE, Tennessee — Moving with unusual speed, the city of Knoxville has settled for $150,000 a federal lawsuit with a 60-year-old man who says a police officer body-slammed him and broke his arm during a May 2019 stop.
The city and Raymond A. Taylor Jr., 60, reached the agreement June 3, records show. Taylor's lawyer, Lance Baker, had only filed the complaint in May in U.S. District Court in Knoxville.

Such lawsuits usually take years to resolve. Baker filed formal dismissal of the federal lawsuit June 25.
The city admits no wrongdoing on the part of officers Christopher Brooks, Gordon Johnson, Jason Kalmanek, Capt. Tony Willis and former personnel Lt. Travis Brasfield and Sgt. Bobby Maxwell, both of whom abruptly retired in summer 2019 amid a whistle-blowing scandal.

Baker told 10News his client was "pleased with the result" and ready to move on to a new life outside Tennessee.
First, however, Taylor must resolve his criminal charges. The case has been languishing in Knox County General Sessions Court a year.
Taylor faces charges that include DUI first offense, resisting arrest, speeding and having an open container. July 20, the day before his 61st birthday, is his next court date, but it may be continued.

Megan Newman with the Knox County District Public Defender's Office represents him.
'I broke his arm'
Taylor was driving his beat-up pickup the night of May 3, 2019, when he passed by some KPD officers, according to the lawsuit. One, Brooks, decided to pull him over, allegedly for speeding.
Taylor's attorneys say the traffic stop wasn't legitimate to begin with and that their client wasn't speeding.

Brooks asked if Taylor had any weapons and Taylor responded by handing over a sheathed knife, handle first, according to the complaint.
Brooks drew his service weapon, aimed it at Taylor's head and ordered him out of the truck, the complaint states. He threw the knife to the ground.
A motorcycle crash had permanently damaged Taylor's right arm and shoulder. He had no use of the "mangled" arm, according to the lawsuit.
The 6-foot, 4-inch "handicapped" man slowly tried to get out of the truck, according to the complaint.
Brooks grabbed his arms and cuffed him. Taylor cried out in pain and explained he had a previous injury. According to the complaint, Brooks continued to jerk and pull on his arm, despite Taylor's protests.

At one point, Taylor said, "I'm a cripple, ----------!"
Brooks slammed him to the ground face-first, the lawsuit states.
The officer's repeated jerking of Taylor's upper right arm resulted in it breaking, according to the lawsuit.
Taylor alleges Brooks can be heard on a video in-car recording of the call telling another arriving officer: "I broke his arm. I'm pretty sure it's broke."
At University of Tennessee Medical Center, Brooks underwent surgery for the broken arm. He eventually left the hospital with $58,000 in medical bills, according to the complaint.
Besides Brooks, Johnson and Kalmanek, Taylor sued several veteran members of the force who -- coincidentally -- became embroiled in controversy over Maxwell's vulgar remarks during a spring 2019 roll call.
Brasfield blew the whistle on Maxwell's conduct, which a patrol officer secretly recorded with a smartphone. Brasfield and Maxwell soon quit the department.
Maxwell, Brasfield and Willis were part of the chain of command that looked into whether Brooks used excessive force in breaking Taylor's arm. The lawsuit states Willis deemed Brooks' conduct to be "minimal and appropriate."
Willis remains with KPD. In the fallout from the whistle-blowing incident, he was given to reprimands.

 

[Politic Negro]

Insurer to pay $8M to Black man paralyzed by Iowa officer

Posted: Apr 19, 2021 / 11:56 AM EDT / Updated: Apr 19, 2021 / 02:30 PM EDT

Spoiler: Story

FILE – In this June 6, 2020 file photo, Jerime Mitchell speaks to the crowd as his wife Bracken holds the microphone during a protest against police brutality at Greene Square in Cedar Rapids, Iowa. An insurance company for the City of Cedar Rapids will pay $8 million to Mitchell, who was paralyzed after police officer Lucas Jones shot him during a 2016 traffic stop. (Jim Slosiarek/The Gazette via AP, File)

IOWA CITY, Iowa (AP) — An insurer for the City of Cedar Rapids will pay $8 million to a Black motorist who was paralyzed after a white police officer shot him during a 2016 traffic stop, the city announced Monday.
The payout will settle a long-running lawsuit brought by Jerime Mitchell, 42, over a shooting that had sparked protests and exposed tensions between Black residents and authorities in Iowa’s second largest city.
The resolution cancels a trial that had been scheduled to begin Tuesday, as the nation awaits a verdict in the trial of a former Minneapolis police officer charged with killing George Floyd. It’s the most expensive settlement over allegations of police misconduct in Iowa history.

Cedar Rapids had spent hundreds of thousands of dollars defending against the lawsuit and arguing that Officer Lucas Jones was legally justified in shooting Mitchell. A city spokeswoman said in a statement that it was prepared for trial but its insurer, States Insurance, had control over whether to settle under its policy and “determined settlement to be in the best interests of its insured, the city.”

The city admitted no wrongdoing and said its review determined Jones acted properly given the circumstances of the stop.

“The case has been divisive to our community and it is our hope that we can continue to enhance relationships that build trust between our community and our police department,” said the statement, issued by spokeswoman Maria Johnson.

Larry Rogers Jr., an attorney for Mitchell and his wife, said the settlement was significant and will help pay for Mitchell’s future health care needs. But he said the case’s most important impact was to spur the firing of Jones, who had shot and killed another suspect in 2015.

“Deadly force was not justified here,” Rogers said. “With Lucas Jones’ termination, the citizens of Cedar Rapids are safer and an overly aggressive officer … should never again wear a badge.”
Mitchell had attended rallies in his wheelchair last summer opposing police brutality and racial injustice. Activists then renewed their calls for the firing of Jones, who had returned to the force after a grand jury declined to charge him and an internal investigation cleared him of misconduct.
The Cedar Rapids Police Department promptly fired Jones last June, but not over the shootings. Instead, the department said that Jones was terminated for his handling of a stop the day before shooting Mitchell in which he let a young Black mother go instead of arresting her for driving while suspended, as required by policy.
The city opened a disciplinary investigation into that stop after Jones testified in a 2020 deposition for the Mitchell case that he turned off his body microphone “because I was violating a policy.” Mitchell’s lawyers contended Jones turned off his microphone purposely during Mitchell’s stop as well, leaving the dash camera video of the stop without sound and both sides disputing what was said.
A city panel has upheld Jones’ firing, but the former officer has filed a lawsuit seeking reinstatement. In an interview last year, he accused the police chief of making him a “scapegoat” in response to political and legal pressure.
Jones pulled over Mitchell early on Nov. 1, 2016, near Coe College, claiming Mitchell’s license plate light was not working.
Police have said Jones asked Mitchell to get out after smelling marijuana. Mitchell resisted being handcuffed and Jones pushed him against the truck and took him to the ground. Mitchell got up with the officer on his back and a police dog engaging him, and got in his truck and begin to drive away.
As he clung to the moving truck, Jones fired three times, with one bullet striking Mitchell in the neck. Authorities have said Mitchell was immediately paralyzed and unable to control the vehicle as it accelerated to 60 mph (97 kph) and smashed into an oncoming police SUV driven by the city’s deputy police chief, who was responding and suffered only minor injuries.
In a statement Monday, Mitchell criticized Linn County Attorney Jerry Vander Sanden for failing to hold Jones accountable and said voters should remove the longtime prosecutor from office.
Vander Sanden presented the case to a grand jury, which declined to charge Jones but never heard Mitchell’s version of events. Mitchell remained hospitalized when the case was closed.
Activists had called on Vander Sanden to appoint a special prosecutor, since Vander Sanden had previously cleared Jones in the fatal 2015 shooting of 21-year-old Jonathan Gossman.
Vander Sanden argued that Jones was trying to defend himself, and noted that police later found a pound of marijuana in Mitchell’s truck.
The lawsuit alleged Jones was negligent throughout the stop by using a pretext to pull over Mitchell, escalating the encounter and firing at an unarmed person who posed no threat. The Mitchells had been seeking damages for their pain and suffering and the loss of his body function.
During a discovery dispute in the case, the Iowa Supreme Court ordered the city in 2019 to release investigative records to Mitchell’s lawyers without a protective order shielding them from public release.

 

[Politic Negro]

San Diego transit agency settles death lawsuit for $5.5M
April 19, 2021 9:29 pm

SAN DIEGO (AP) — San Diego County’s transportation agency has apologized and agreed to pay $5.5 million to the mother of a mentally ill man who died after a security officer kept a knee on his neck for several minutes. The settlement in the 2019 death of Angel Hernandez was announced Monday. Hernandez, who was diagnosed with schizophrenia, died after he was taken down after wandering near train tracks in San Diego. He stopped breathing and died at a hospital. At Monday’s news conference, the CEO of the county’s Metropolitan Transit System said the officers ”made mistakes” that contributed to the death.

 

[Non-StopJFK2TAB]

One of the finest threads on this forum.

 

[Politic Negro]

One of the finest threads on this forum.

Thanks, I appreciate that.

 

[Politic Negro]

Member of Hells Angels awarded $25,000 settlement after traffic stop

DENVER — A Hells Angels member received $25,000 and an apology after he filed a lawsuit claiming that police “terrorized” him in a 2018 police stop.

Spoiler: Story

Anthony Mills filed a lawsuit in April after an incident two years earlier in which a LaSalle, Colorado police officer pulled him over for speeding. After he was stopped, the officer, David Miller, can be heard on the body cam video that he was pulled over for “going way too fast,” according to KMGH-TV.

The lawsuit alleges that more than half a dozen law enforcement officials from various jurisdictions were called in.

“All the patrol cars activated their spotlights, headlights and overhead lights to completely blind the plaintiff, Mills, and his friend,” according to the lawsuit obtained by KMGH-TV.

Mills' attorney, Sarah Schielke, said in a statement that the officer later asked the other officers to turn their body cameras off before they shared stories about the violent acts they have committed against members of the Hells Angels.

Miller then announced to the group that if Mills behaved in a manner he didn’t like, the officer would shoot him, according to footage from Miller’s body camera, which he left on.

“'I’m shooting him! I need some paid vacation!” Miller said on the body camera footage.

Both Mills and his friend, Theodore Simpson who was also stopped, did not have a criminal history or outstanding warrants.

Miller filed his suit against the city of Greeley, the town of LaSalle, the Weld County Sheriff’s Office and individual officers from those jurisdictions and the Kersey and Garden City police departments, the Denver Post reported Friday.

“When police officers openly discuss with one another their disdain for one group of citizens that they are sworn to serve and protect, and make jokes about killing those citizens for ‘paid vacation leave,’ they normalize police misconduct and murder. Cop jokes about some lives not mattering inevitably fosters a culture of police officers who are much more willing to pull the trigger on those same lives later,” Schielke said in a statement obtained by the Denver Post.

https://www.denverpost.com/2020/09/11/hells-angels-lawsuit-settlement-apology-colorado/

Miller issued an apology to Mills and has since resigned from the department, Schielke said.

 

[Politic Negro]

Winston-Salem officials release body camera footage of John Mackey arrest

WINSTON-SALEM, N.C. —
Body camera footage of an arrest shows a Winston-Salem police officer using a stun gun on and cursing at John Mackey, a Black man.

Spoiler: Story and Vid

The City of Winston-Salem released the footage March 25 of an arrest made March 2, 2020, at the Liberty Citgo gas station at 1522 North Liberty St. after Superior Court Judge Richard Gottlieb granted the city’s request and ordered the videos released to the public.


an interaction between an officer, Logan Frankland, and Mackey. The interaction happened when Frankland encountered Mackey through Mackey’s processing at the Forsyth County Detention Center after his arrest.

The city also released body camera videos of four other officers who were involved at various points in the incident: Corporal Benjamin Harrison and police officers Caleb Gray, Matthew Rochelle and Deandre Armstrong.

Mackey filed a complaint after his arrest, officials said. The complaint was investigated and it was found that Frankland was not compliant with the established Winston-Salem Police Department policies and procedures, according to a letter to Mackey from police Chief Catrina Thompson, city officials said.

Frankland resigned from the Winston-Salem Police Department last October after working there since 2017, according to the city. The Forsyth County District Attorney’s office dismissed Mackey’s charges in November. Mackey accepted a $10,500 settlement from the city in February 2021.

A media outlet filed a court petition in February 2020 for access to the body camera footage of Mackey's arrest, according to the city. The city said it determined it couldn't release the footage exclusively to the media outlet and wanted to put it out for the general public.

"The petition did not include specific factors which, by law, are to be considered by the court in hearings on release of recordings. Accordingly, the city filed its own petition for release of the videos on March 5, 2021," the city wrote in a statement.

The city said it petitioned to release the videos because it would build public interest and because it believed there was good cause to release the videos. Without a court order, the contents of the videos are confidential or exempt from disclosure under North Carolina law, the city said.

The city said it made this decision because, before the media outlet that requested the footage, it covered the event using cellphone video of only a portion of the incident, published a partial police report on the incident and only quoted Mackey's perspective on the incident.

The city said Mackey claimed to the media outlet that Frankland had punched him "repeatedly" in the head and held his arm on Mackey's throat for 3 minutes.

According to the city, Mackey also told the media outlet that officers' charges would have resulted in him becoming a "habitual felon," that Frankland and Gray used their stun guns on him and that Frankland used a racial slur when speaking to Mackey.

The incident started with a noise violation.

In the videos, there is no depiction of Frankland "repeatedly" punching Mackey in the head. He punches Mackey in Mackey's side and knees him in the back.

City officials said the videos show that Frankland had his arm at Mr. Mackey's neck for approximately 6 seconds, not 3 minutes. The city also stated Mackey's charges were for a misdemeanor and not a felony.

The city also said only Frankland used his stun gun on Mr. Mackey and when Mackey spoke to a corporal and a sergeant about his arrest, Mackey can only be heard saying that Frankland cursed him and did not allege the use of a racial slur.

Superior Court Judge Richard Gottlieb granted both the media outlet and the city's petition to release the video footage, with some audio silenced and blurred footage of some people's faces, computer screens and a cell phone screen in order for confidentiality and privacy and to comply with applicable law, the city said.

 

[Politic Negro]

Dunwoody settles another police lawsuit for $400K
by Holly R. Price November 28, 2020

A man who was struck by a Dunwoody Police car while running away from authorities has settled a lawsuit with the city for $400,000.

The city maintains the collision was accidental and that the officer was cleared by an internal investigation.

Spoiler: Story

The settlement is the latest in a series of lawsuits and settlements involving the police department in the last three years with payouts totalling nearly $640,000. Another $2 million is demanded in pending legal complaints and actions.

In the 2017 case, police got a call about Yadata Osman doing doughnuts in a parking lot near Perimeter Mall about 1 a.m. Sept. 4, 2017.

Dunwoody Police Officer Kevin Lopez-Lincona and Sgt. T.D. Fecht responded in separate vehicles. Fecht pulled behind Osman’s car and turned his blue lights on. Osman jumped out and ran, according to his attorney, Mark Begnaud.

Fecht went after Osman on foot while Lopez-Lincona followed him in his cruiser. Lopez-Lincona bumped into Osman, who kept running.

Osman was struck a second time and was pulled under the officer’s car which crushed and shattered his leg, Begnaud said.

“The city’s insurance carrier made the determination to settle this case,” according to a statement from spokeswoman Jennifer Boettcher. “The city disputes the assertion by the plaintiff’s attorney that the officer chased down his client and struck him intentionally.”

“There was simply no justification for this officer’s reckless decision to chase down Mr. Osman with his patrol car,” he said.

It was an interesting case in that Osman was even allowed to sue in the situation, Begnaud said. In many cases, an individual isn’t allowed to sue a government body. But there are a small handful of waivers of those immunities. Under Georgia law, immunity isn’t granted when city agents are involved in automobile-related injuries, Begnaud said.

Osman, now 32, was taken to Grady Memorial Hospital, where he underwent multiple surgeries. His medical bills reached $370,000.

Osman pleaded guilty to charges he was driving under the influence that night, Begnaud said.

Osman, a Army veteran who served in Afghanistan, has recovered, but it’s taken a lot of surgeries, Begnaud said.

The same year Osman was hit, the city of Dunwoody settled a federal lawsuit against Police Officer Dale Laskowski for $52,000.

The settlement marked the fourth lawsuit the city had settled against Laskowski by men who alleged he conducted traffic stops and then searched and detained them illegally.

The city’s insurance paid to settle the three prior lawsuits for a total of $187,000. As part of the settlement, Laskowski denied any wrongdoing and the agreement was not an admission of liability. He later left the force.

The city currently faces at least three complaints involving former Dunwoody Police Lt. Fidel Espinoza and other police department officials. The lawsuit, filed July 7 by former officer Roger Halstead, claims that Espinoza sexually harassed him and demanded sexual materials in exchange for work benefits, then arranged for a retaliatory firing and blackballing by other departments.

At least three other complainants have filed notices of intent to sue. Civilian transport officer Brian Bolden claims Espinoza bullied and sexually harassed him and falsely accused him of theft; and former officer Austin Handle claims racial discrimination and fears of impending sexual harassment.

Officer Bryan Castellanos alleges in a July 13 complaint letter that Espinoza sexually harassed him by sending and demanding sexual photos and videos, engaging in sexual chats with Castellano’s wife, and taking a photo of the officer while he was using a urinal.

The notice says Castellanos is seeking compensation likely to exceed $500,000. Along with the other complaint filings, including one already filed lawsuit, the city is facing at least $2 million in compensation requests or demands.

 

[Politic Negro]

4 protesters to receive $10K each in settlement with Jacksonville sheriff
Settlement also places limits on JSO's future tactics against protesters

Delaine Smith, a pastor who was arrested while recording video in May during a peaceful Jacksonville protest following the death of George Floyd, is one of four protesters who reached a settlement agreement on Friday with Jacksonville Sheriff Mike Williams and four police officers.

Spoiler: Story

Smith — along with Briauna Bosworth, Sharrona Brightman and Elizabeth Mulroney — sued JSO claiming their arrests were unlawful.

MORE: Jacksonville pastor, others arrested at protest sue sheriff, officers

The Jacksonville Sheriff Office will now have to pay $100,000 to settle the lawsuit, which includes $60,000 for attorney’s fees and $10,000 for each protester.

The four were among the 48 who were taken into custody during protests who later had their charges dropped by the State Attorney’s Office.

As part of the settlement, JSO also agreed to make three changes to how it handles protesters.

Among the agreements:

• Sheriff’s Office agrees officers can not order protesters to disperse unless there’s a threat to public safety.
• Officers can’t arrest protesters for failure to comply without first specifying what area they have to disperse from.
• Officers can’t use chemical agents or irritants unless alternative crowd control methods are ineffective.

As part of the settlement, the Sheriff’s Office didn’t admit to breaking the law or say they did anything wrong.

Ben Frazier of The Northside Coalition of Jacksonville said the officers involved clearly violated the protesters’ Constitutional rights.

“What happened during that protest was another example of JSO’s excessive use of force which we have complained about for years,” Frazier said. “The procedures utilized by the police were militaristic, over the top and off the chain.”

 

[Politic Negro]

Jacksonville police brutality case settled four years after video captured handcuffed woman's beating
According to Mayra Martinez's attorney, she received a large settlement and an apology from the Sheriff.


Updated: 7:45 PM EDT July 22, 2020

Spoiler: Story & Vid

JACKSONVILLE, Fla. — A woman twice beaten by police while handcuffed has settled her lawsuit against the city of Jacksonville, according to her lawyer.
Mayra Martinez’s attorney says Sheriff Mike Williams issued a formal apology to Martinez and that her case was settled for $92,500.
"I would say in this case I don’t think she deserved what she got, the treatment she received from [Officer] Borsiade," Williams said. "She didn’t deserve that. Certainly, we apologize for it her being treated the way she was at the facility. No doubt about it."

Martinez was arrested in April 2016 in a violent takedown by officers outside of Scores strip club on University Boulevard, and later repeatedly punched in the stomach by an officer while waiting to be booked at the jail.
Videos of both incidents circulated widely on local media.
The Jacksonville Sheriff’s Office fired and filed criminal charges against Officer Akinyemi Borisade, who pummeled a handcuffed Martinez in the jail’s intake port, but the State Attorney's Office declined to prosecute.
In her civil suit, Martinez claimed JSO and the city of Jacksonville was liable for her being beaten and left for nearly 15 minutes on the floor of the intake port. The city sought to have the case dismissed, but in December 2019, Judge Harvey Schlesinger said 10 previous examples of excessive force by JSO "demonstrate that the city repeatedly took no corrective steps to remedy the officers’ actions."

 

[Politic Negro]

Orlando to pay $95K to settle excessive force suit over 2015 arrest of Noel Carter
By TESS SHEETS
ORLANDO SENTINEL |
JUN 18, 2020 AT 4:53 PM

Noel Carter, a South Florida banker who sued after he was kicked, pepper sprayed and stunned with a Taser during a 2015 arrest near downtown Orlando, this week settled his civil rights lawsuit against the City of Orlando and a pair of Orlando Police Department officers.
The city agreed to pay Carter $95,000 to dismiss the case, which was filed in June 2019.

Spoiler: Story

Natalie Jackson, another attorney who represented Carter in the suit as well as his criminal trial, said the city did the “right thing” by settling with her client.
“I think it’s great that Mr. Carter got some semblance of justice in this case and vindication in this case,” she said.
In a statement, a spokeswoman for the city called the settlement “a financial decision” with taxpayers in mind and said it “is not to be construed as an admission of liability.”
“This settlement decision was based not on the facts of the case, but on a cost-benefit analysis where is was determined this settlement was the most fiscally prudent way to resolve this case,” spokeswoman Samantha Holsten said.

The suit claimed Carter was “brutally and viciously” beaten by Orlando police officers Charles Mays and David Cruz as he was leaving a nightclub in June 2015. Videos of the incident were captured by a bystander and on security cameras outside the Orlando Sentinel’s office.
They showed the officers using the Taser and pepper spray and kicking Carter as he lay on the ground.
Carter, who was visiting Orlando, said he and his ex-girlfriend were talking outside the club near Concord Street and Orange Avenue when Cruz approached them as the woman began yelling, according to the suit. Mays then waited with Carter as Cruz took the woman aside to talk.
Carter claimed Cruz pushed him “suddenly and without warning,” and held his arms as Mays pepper sprayed him. Carter said he thought the officers “may kill him,” as they struck him with fists and batons, according to the suit.
The officers were cleared by the State Attorney’s Office of any possible criminal charges and by OPD of any policy violations. Mays has since retired from OPD and Cruz, a sergeant, is currently assigned to the patrol division, an OPD spokeswoman said.
Carter was found guilty by a jury of battery on a law enforcement officer and resisting without violence. A judge decided not to convict him on the second charge. He was sentenced to four years probation.

 

[Politic Negro]

Athens-Clarke commission settles lawsuit in 2019 police shooting case for $250,000

The Athens-Clarke County Commission agreed Thursday to settle a lawsuit filed against two Athens-Clarke police officers for the shooting of a man in October 2019.

The commission, at the recommendation of its insurance carrier, agreed to the $250,000 settlement without dissent.

Salvador Salazar, 29, of Summerfield, N.C., was critically wounded when he was shot by an Athens-Clarke policeman outside University Garden Apartments off Baxter Drive.

Police said Salazar had swung a machete at the officer before he was shot. Police had responded to the location for a domestic violence report.



Ken Maudlin, the former district attorney for the Western Circuit, cleared the officer in the shooting.

No charges have been brought against Salazar, but he has remained hospitalized in Athens since the shooting.

The lawsuit alleging unlawful use of force was filed in state court during October 2020 against Roger Williams, the officer who Salazar, and responding officer Tori Teets. The suit was later transferred to U.S. District Court.

Clarke County Sheriff John Q. Williams said Friday that his deputies are still providing security for the hospitalized man.

“I haven’t had a chance to meet with the new district attorney to talk about it, but it’s been over a year. We’re trying to figure out how to resolve this situation,” Williams said.

The commission heard from ACC attorney Judd Drake on the lawsuit. Commissioner Russell Edwards, who is a lawyer himself, made a motion to approve the settlement in light of the insurance company’s recommendation.
The resolution approving the settlement also noted that the commission did not admit any fault in the case.
In 2019, there were six cases in which police officers shot persons, five who died. Mauldin ruled in each case that the officer’s actions were reasonable.

 

[xxxbishopxxx]

One of the finest threads on this forum.

the best and worse at the same time. Shit is depressing as fuck

 

[Non-StopJFK2TAB]

the best and worse at the same time. Shit is depressing as fuck

This thread is proof that the government is not only reckless and indifferent to our lives they’ve been found financially culpable. These posts are proofs in an argument.

The city of Minneapolis paid $27 million to the family of a man murdered over “$20”. Their racism is bad for business.

 

[Politic Negro]

This thread is proof that the government is not only reckless and indifferent to our lives they’ve been found financially culpable. These posts are proofs in an argument.

The city of Minneapolis paid $27 million to the family of a man murdered over “$20”. Their racism is bad for business.

I wish more eyeballs were on this thread but I appreciate the ones who didn't look away. It also seems that after Floyd being murdered, cities are finally settling up cases.

 

[Politic Negro]

Camden Man Receives $300K in Lawsuit Settlement for Arrest He Claims Violated His Rights
By STEVEN RODAS
February 9, 2021 at 5:11 PM

CAMDEN, NJ — Edward Minguela, of Camden, will settle for $300,000 as part of a lawsuit in which he alleged his civil rights were violated during a 2018 arrest wherein he was punched in the head a dozen times.

Spoiler: Story and Video

The suit, which was filed last February, alleged then-Camden County police officer Nicholas Romantino used excessive force during Minguela’s arrest — in which he “grabbed [him] around the neck and threw [him] to the ground in an uncontrolled manner.”



The encounter, part of which was captured on video, took place in front of a liquor store on Collings Road in Camden. It was the same area where an ongoing investigation was taking place into a false report of a person with a gun, according to Devon Jacob, Minguela’s attorney.

Minguela says he was held down as he was hit and suffered a broken wrist and a concussion as a result of the arrest.



Romantino was suspended without pay following the incident, county officials have said.

The lawsuit also named three other Camden police officers — one of which the complaint claimed left the area while two others held Minguela down as Romantino allegedly, “punched [him] repeatedly in the back of the neck and head, causing pain and physical injury.”

Other names in the suit: Camden County, former county prosecutor Mary Eva Colalillo, former Police Chief Scott Thomson and current Police Chief Joe Wyscoki (a deputy chief at the time).

“As is customary in these matters, all Defendants deny liability and wrongdoing, however, in my opinion, you don’t pay $300,000 unless you have done something wrong,” continued Jacob said in a statement Tuesday. “Hopefully, while Camden County was wasting money paying lawyers to defend against meritorious claims, it was also fixing the systemic leadership problems that created the opportunity for the unfortunate incident to occur.”

“The fact that the two officers who held Minguela down during the beating were not disciplined, is not promising,” Jacob added. “However, the selection of County policymakers, and the waste of public funds, are issues for the taxpayers to address.”

Dan Keashen, Camden County police spokesman, said Jacob has "gone above and beyond to create a false narrative fictionalizing" the terms of the settlement.

"The attorney has voluntarily dismissed all of the officers and the county from the settlement as set forth by the agreed upon document," Keashen told TAPinto Camden. "Furthermore, as anyone who is capable of reading can plainly see, the settlement is between the officer - Mr. Romantino, who has not worked or been paid by the department since the night of the incident, and the litigant."

Keashen said the county has not ever paid or provided a defense for Romantino. At the time of the incident, he noted, a report of what took place was sent to multiple law enforcement agencies - including the U.S. Attorney - to be reviewed for criminal intent.

Romantino was ultimately acquitted of criminal charges of violating Minguela’s civil rights and falsifying records linked to the 2018 incident.

Keashen added that, "based on the settlement document the county has no liability in this case, and the comments from the representing attorney are completely outlandish.”

Attempts to reach Romantino were unsuccessful.

 

[Politic Negro]

TEENS ATTACKED BY DELANO POLICE WILL BE PAID SETTLEMENT



The Agreement Also Calls For Delano Police Officers to Undergo Training

Spoiler: Story

DELANO – The City of Delano in Kern County has approved a settlement with four high-school students who were harassed and attacked by police officers last year while walking through a residential neighborhood on their way to pick up prom passes.

The attack, caught on cell phone videos, included footage of one of the students being tackled, slammed to the ground, and handcuffed for doing nothing more than protesting the use of force against his friends for asserting their rights.

The settlement, which comes in the wake of a lawsuit filed by the American Civil Liberties Union Foundation of Southern California and the law firm of Morgan Lewis & Bockius LLP, calls for each of the students to receive between $30,000 and $35,000. The agreement also stipulates that Delano Police Department officers receive training to emphasize that they are prohibited from arresting members of the public for asserting their First Amendment rights.

“Although the unlawful arrest and excessive use of force continues to impact the students, this settlement agreement allows for some closure,” said Stephanie Padilla, staff attorney at the ACLU SoCal. “It also importantly recognizes the need to train officers that members of the community have a right to record them engaged in their official duties and that this, in and of itself, does not constitute cause for detainment or arrest.”

The incident involving the teenagers occurred on April 11, 2019 when the four students were walking toward the Wonderful College Prep Academy to pick up their prom passes. A police car pulled aside them as they walked and although they were not told to stop, an officer began asking them questions.

Some of the students asserted the right to remain silent and objected to the questioning, saying they had done nothing wrong. The police officers drove away, but when the students continued to cross the street the officers made a sudden U-turn and sped back, halting only a short distance from them. Two of the students began video recording the officers with their cell phones.

One of the officers slapped a phone out of a student’s hand and pulled him to the ground. Another officer tackled a student. Both students were handcuffed.

While this was happening, another student, Pablo Simental, stood to the side with his hands outstretched, not making any threatening gestures. He asked the officers why they were doing this to his friends. At that point an officer ran toward him at speed, body slammed him to the ground, and put on handcuffs so abrasively that Simental suffered pain for days.

Simental, who was the plaintiff in the lawsuit, was taken to the Delano police station and then Kern County Juvenile Hall where he was imprisoned for about eight hours before being released. He was not charged.

The lawsuit charged the police with false arrest and imprisonment, use of excessive force, and retaliation for exercising First Amendment rights. This violated not only the U.S. Constitution, but also the California Constitution that protects against unreasonable seizure in the absence of probable cause.

As part of the settlement agreement, the lawsuit will be dropped. The only crime any of the students were charged with was one of jaywalking — the City of Delano and its police department agreed to write a letter to the Kern County District Attorney and Kern County Superior Court recommending its dismissal.

Read the settlement here: https://www.aclusocal.org/sites/default/files/2020.10.13_final_settlemen... ###

 

[Politic Negro]

Unarmed Moose Lake man who was shot by deputy and paralyzed wins $6.2 million settlementCarlton County payment may be the largest such settlement outside metro.
By Randy Furst Star Tribune
SEPTEMBER 30, 2020


Shawn Olthoff was shot and permanently paralyzed from the waist down by a deputy in Moose Lake, Minn during a raid on his mobile home. Olthoff won a settlement Monday of over $6 million, the largest payout ever for officer misconduct in outstate Minnesota.

Spoiler: Hmmm

A 35-year-old unarmed man who was shot by a sheriff’s deputy and paralyzed in Moose Lake, Minn., in 2019 settled a federal lawsuit Monday for $6.2 million.
It could be the largest payout over alleged law enforcement misconduct in greater Minnesota.
Settlements over officer misconduct in the Twin Cities metro area have exceeded $6 million several times, but such settlements elsewhere in the state have rarely, if ever, exceeded $2 million.
In the settlement, Carlton County did not admit to any culpability.
Shawn Olthoff said he was happy to get the case behind him.
“No amount of money can ever bring back my life,” he said in a telephone interview Monday. He is now in a wheelchair.
Olthoff was shot twice on July 29, 2019, when a team of officers from several jurisdictions raided the mobile home where he was living with his mother in Moose Lake. Three law enforcement agents involved in the raid said in interviews afterward with the state Bureau of Criminal Apprehension (BCA) that Olthoff was unarmed and raised his hands in the air when ordered to do so.
But the fourth officer, Carlton County sheriff’s deputy Jason Warnygora, shot Olthoff, saying in interviews that he saw Olthoff with a handgun. No weapon was found in the mobile home.

Warnygora also told a BCA investigator that he had consumed two beers at noon that day, before later saying he did so at 1 p.m., according to the lawsuit.

Court records indicate Olthoff has a criminal history, including convictions for burglary in 2003, fleeing an officer in 2011, third-degree assault in 2014 and fifth-degree assault in 2016.

Robert Bennett, Olthoff’s attorney, said the shooting was unjustified. He also noted that Warnygora knew he was going to be a participant in the raid and should have opted out of the assignment because he had been drinking.

“It is unconstitutional for an officer to shoot a complying suspect,” Bennett said. “You have the underlying fact that Warnygora consumed alcohol hours preceding the arrest and shooting.”


In a statement, the county said the settlement does not “assume fault by any of the named parties.” But it acknowledged that by agreeing to the payout it “avoids exposing the taxpayers of Carlton County to a potential verdict significantly higher than the settlement along with payment of Mr. Olthoff’s attorneys’ fees.”
‘He’s got his hands up’
Officers from multiple departments organized the raid to arrest Olthoff two days after he allegedly fled and pointed a gun at a Carlton County deputy during a traffic stop. Deputy Justin Jokinen, who pulled the car over, said he saw a “male point what I believed to be a handgun at me.”
Law enforcement called in to search for the man did not find him, but they found a holster with 9-millimeter ammunition and Olthoff’s cellphone.
When officers went to the mobile home to arrest Olthoff, he was asleep on the couch. His mother, who was escorted from the home, reiterated that her son was unarmed, according to the lawsuit.
Officers entered the mobile home and Cloquet police officer Nate Cook fired a flash grenade. Cook said Olthoff lifted his hands and then he heard two gunshots.

Darrin Berg, another Cloquet police officer at the raid, relayed a similar experience to a BCA investigator, saying he was “kind of taken back by the whole thing” because he didn’t see a gun.

Warnygora said he saw Olthoff’s “left hand holding a gun swinging toward himself, Officer Cook and Detective Berg” and then heard a pop or ring.

Alcohol consumed

The county defended the officers’ actions. “The shooting took place under rapidly occurring and dynamic circumstances in which the shooting officer reasonably believed officers were taking fire from an individual who had pointed a firearm at a law enforcement officer just two days prior,” it said in a statement.

Warnygora told the BCA after the shooting that he’d had two beers around noon, and then later said “he may have consumed the beers around 1 p.m.” No alcohol was found in his blood when he was tested 3½ hours after the shooting.

The suit said that Warnygora was not disciplined for his actions or for drinking before participating in the raid. No charges were filed in the shooting. Attorney Joseph Flynn, who represented the county, said in an e-mail “there was zero evidence that alcohol was in his system or had any impact whatsoever on the events that day.” He said that an internal affairs review of the shooting was not yet final.

Olthoff, whose medical expenses so far amount to $200,000, still faces criminal charges of assault for pointing a gun at an officer.

A state intergovernmental trust fund that helps counties cover insurance claims will pay $2 million of the $6.2 million settlement.

 

[Politic Negro]

$3.5M settlement for family of Barber County man killed in 2017 beanbag shooting
BY AMY RENEE LEIKER
JUNE 01, 2020 07:28 AM,
UPDATED JUNE 02, 2020 10:18 AM

Spoiler: Story

It’s been nearly three years since Kristina Myers’ husband died after a Barber County’s undersheriff shot him in the chest at close range with a homemade beanbag round that was bought off the internet from a man who made it in his basement.

Attorneys for Kristina Myers on Monday announced that she had reached what’s thought to be the largest civil settlement to date in a police-involved shooting in Kansas — $3.5 million.

Barber County officials and the Kansas County Association of Multiline Pool, a self-funded insurance pool representing cities and counties across the state, agreed to the payout in March. But a confidentiality clause attached to the settlement agreement prevented Myers and her attorneys from disclosing the amount until Sunday, when the gag order expired.

Kristina Myers sued Barber County Undersheriff Virgil “Dusty” Brewer and Barber County Sheriff Lonnie Small in federal court in November 2017, not quite two months after her husband, Steven P. Myers died, alleging his shooting was “unjustifiable,” “wrongful,” “reckless” and violated the law on use of deadly force.

Settlement negotiations in the case “went for multiple months during litigation,” one of her attorneys, Michael Kuckelman said in an interview with The Eagle. But they reached a peak in January after the U.S. Court of Appeals for the Tenth Circuit refused to review a June 2018 ruling by U.S. District Judge Carlos Murguia saying that Brewer was not immune from civil liability in Myers’ death at that time.

Kuckelman, of Overland Park-based firm Kuckelman Torline Kirkland, said the hefty settlement not only provides financially for Myers’ children, “who are now fatherless,” but he hopes also will serve as “a wake-up call to senior officers to start throwing the bad apples out.”

“The majority of law enforcement in the state of Kansas are good, honorable people. But we have an element of what I call ‘bad apples’ in multiple justifications,” Kuckelman said, adding that his calls to terminate both Brewer and the Barber County sheriff have so far went unheeded.

“Small counties cannot pay these settlements over and over again. They will have to change the way they do business.”

He added: “I hope Barber County taxpayers start demanding answers from the elected officials about how the Barber County Sheriff’s Department is being run.”

Spoiler: Story Con't

Attorneys for Brewer and Small did not return messages seeking comment.

Historically, cases like Myers’ have been hard to win in Kansas because of qualified immunity, a U.S. Supreme Court-created concept meant to shield government officials from liability unless their actions violate “clearly established” federal law but that has been almost impossible for victims to overcome even in cases where constitutional violations are glaring.

Myers, 42, died on Oct. 6, 2017, after he was shot in the chest with a so-called “less lethal” beanbag round that Brewer fired from a 12-gauge shotgun at close range. Brewer was among law enforcement officers who responded to a call that Myers, a ranch and oilfield worker, was drunk in front of Buster’s bar in Sun City holding a shotgun that night. The sheriff, undersheriff and two deputies didn’t arrive on the scene until about 41 minutes later, though, after Myers had already gone home, put away the gun and taken his dog for a walk.

Small, the sheriff, led deputies and a K-9 dog on a house-to-house search for Myers about found him in a shed about 15 feet from one resident’s back door. Within seconds of Small ordering Myers to come out of the shed — which he did, with his hands empty and at his sides — Brewer fired the beanbag round at his chest. The men were six to eight feet apart at the time.

Myers died at the scene. Body camera video recorded Small telling Brewer after the shooting: “A little luck and he’ll just pass out and die.”

The civil lawsuit contends Brewer was not trained on using beanbag rounds, which are small fabric pillows filled with lead pellets.


The one used on Myers was made by a man in Michigan who sold them online, was never tested and “even if used appropriately by a trained officer is deadly,” Kuckelman said. Brewer got it from a former colleague he worked with in Texas, he said.

In addition to the civil lawsuit, Brewer is facing a manslaughter charge in connection with Steven Myers’ death. He is scheduled to go to trial in September. A condition of his bond forbids him from engaging in law enforcement activity, The Eagle reported in 2018.

Public disclosure of the settlement amount comes as nationwide protests following the death of George Floyd, a 46-year-old black man, at the hands of a white Minneapolis police officer, Derek Chauvin, entered their seventh day.

Kristina Myers and her family were among around 1,800 people who showed up for Saturday’s peaceful gathering outside of the Wichita Police Department’s North Bureau at 21st and Hillside, to protest the killing.

Floyd’s killing “brought back a lot of anger” she felt over her own husband’s death, she said.

“Just because someone has been given a badge does not given them a right to murder someone,” she said, adding that for her, Floyd’s death “breaks my heart” and causes “extreme frustration.”

“We have a responsibility having had this happen to us to support other people.”

Much like in Floyd’s case, footage of Steven Myers’ killing that was recorded by police body camera helped expose police misconduct and cleared his name, Kristina Myers said.

“Had there not been the body camera video, my husband’s case would’ve been swept under the rug.”

She said by now her older two children, 14 and 11, have had enough time to get
But her 4-year-old, who was a toddler when her father was killed, “is just now hitting the grieving process.”

Kristina Myers and her attorneys said they will continue to push for Barber County to fire both Brewer and the sheriff.

They are also calling for the body that oversees police training, the Kansas Commission on Peace Officers’ Standards and Training, to revoke Brewer’s certification so he can no longer work as a law enforcement officer.

Gary Steed, executive director of C-POST, said by email Monday that there are “no pending certification actions regarding Virgil Brewer” and that the commission does not disclose whether a specific officer is under investigation.

 

[Politic Negro]

Man body slammed by Sarasota County Sheriff deputy gets $90,000 settlement

SARASOTA COUNTY – A homeless man who was body-slammed by Sarasota County Sheriff deputies in 2015 after being arrested for disorderly intoxication has settled an excessive-force claim against the department for $90,000, the county’s attorney said Tuesday.

Spoiler: Story

Michael Basile sued the Sheriff’s Office a year ago over having sustained severe injuries to the face that required surgery while he was in custody. The incident was captured by video surveillance cameras.

An internal investigation determined there was sufficient information to sustain allegations of excessive force and briefly suspended Deputy Shaun Martin. The investigation also concluded the findings could be presented at trial.

A federal trial was set for this month in Tampa.

The county and Basile’s attorneys reached a settlement agreement on Dec. 18. Basile originally sought $425,000 in damages for his injuries.

“Although Mr. Basile struck our deputy first, a determination was made that Deputy Martin’s response exceeded the reasonable amount of force authorized by our policy,” said sheriff’s spokeswoman Kaitlyn Perez. “Deputy Martin was retrained on use of force law and policy, and suspended without pay. The proposed settlement was reached in an effort to prevent additional costs to the community as a result of litigation.”

Basile’s complaint included battery, Fourth Amendment and Fourteenth Amendment claims against Martin. It also included claims against the Sheriff’s Office for false arrest and malicious prosecution.

While his medical bills were paid for, he was in custody for 116 days after the incident and was seeking pain and suffering damages, loss of enjoyment of life and attorney’s fees.

n March 27, 2015, Basile was arrested for disorderly intoxication by the Sarasota Police Department. Basile wasn’t cooperating with deputies during intake, according to sheriff’s reports.

Martin told internal affairs investigators that Basile was being verbally threatening to deputies during the booking process, and that he held the prisoner from behind by his arms.

Martin said Basile “horse stomped” on his foot and kicked him in his knee, which had just been surgically repaired.

Then the deputy slammed the man to the floor, face first.

A booking video showing the toss did not capture Basile’s alleged assault.

“Basile briefly lost consciousness after his head struck the ground and remained motionless on the floor, visibly bleeding, until medical care was rendered to him,” according to the lawsuit.

“As a direct result of the excessive force, Basile was taken to Sarasota Memorial Hospital where surgery was performed to repair traumatic injury to the bone of the eye socket, the removal of several teeth, a bone graft and the installation of metal hardware placed inside the orbit and along the zygomatic arch of Basile’s left eye socket.”

Basile alleged Martin and another deputy, Michael McMahan, also filed a false police report against him, initiating a criminal prosecution, which was later dropped.

Basile was charged with battery on a police officer, a felony more serious than the intoxication charge for which he had been arrested by the Sarasota Police Department. He remained in jail for nearly five months, until Assistant State Attorney Rebekah Bragg reviewed the case.

During the internal investigation, Martin stated he did not mean to injure Basile during the takedown, but felt it was an appropriate response to being kicked by Basile. When questioned about other tactics that could have been used and would not have caused injury, Martin said he did not consider other tactics.

 

[Politic Negro]

Settlement In Racial Bias Case Includes Apology From Frederick County Sheriff
By MICHAEL KUNZELMAN, Associated PressBy CBS Baltimore StaffJanuary 21, 2021 at 5:29 pm

COLLEGE PARK, Md. (AP) — A Latina immigrant who said her detention during a traffic stop fit a pattern of racially discriminatory policing in a Maryland county has reached a $125,000 settlement that includes a written apology from the county’s sheriff, her attorneys said Thursday.

Spoiler: Story

In his apology to Sara Haidee Aleman Medrano, Frederick County Sheriff Charles Jenkins said the deputies involved in her detention hadn’t been properly trained on policies and proper procedures for handling U.S. Immigration and Customs Enforcement warrants and deportation orders during routine criminal records checks.

Medrano and a grassroots organization, Resources for Immigrant Support and Empowerment Coalition of Western Maryland, sued the sheriff’s office, Jenkins, two of his deputies and the county in July 2019. The federal lawsuit argued Jenkins has flouted limits on immigration enforcement duties by requiring an immigration check for everyone arrested and booked into the county jail by his office.

Fox News has previously called Jenkins one of “America’s Top 10 ‘Toughest’ Immigration Sheriffs.” Medrano’s lawsuit said Jenkins often has engaged in anti-immigrant rhetoric since his election in 2006 and “consistently uses racist dog whistles in his advocacy against immigrants.”

“His animus toward the immigrant community has manifested into policies and practices that target the immigrant community, isolating and marginalizing them as second class in violation of their rights guaranteed by the U.S. Constitution,” the lawsuit says.



Medrano, a native of El Salvador, had been living in Frederick County for more than 13 years and was in the U.S. illegally at the time of her detention. Her immigration status hasn’t changed since her detention, according to one of her lawyers. In July 2018, she was driving with her daughter and two infant grandchildren when a sheriff’s deputy stopped her and another deputy said she had a burned-out taillight.

Deputies detained her for more than an hour in her car while waiting for ICE to respond to an inquiry about her immigration status, her lawsuit says. Ultimately, the deputies issued her a warning for the taillight. Medrano says her vehicle’s taillights were functioning normally.

Jenkins said he recognizes that she was improperly detained for an unreasonable amount of time. The sheriff said deputies have been and will be properly trained to avoid “similar actions and circumstances.”

“Again,” he wrote, “you have my sincere apology for the events that occurred during that traffic stop and any fear that they may have caused you.”

The settlement, signed earlier this month, calls for a $25,000 payment to Medrano and $100,000 in fees and costs for her attorneys. The American Civil Liberties Union of Maryland represents Medrano and the grassroots group.

ACLU of Maryland attorney Nicholas Steiner said the settlement is “breath of fresh air” for immigrants in Frederick County and includes “a commitment to ensure that it doesn’t happen again to anybody else.”

“We hope that similar misconduct committed by the sheriff’s office is a thing of the past, but we won’t stop holding the sheriff’s office accountable to the people of Frederick County,” Steiner said.

Sheriff’s office spokesman Todd Wivell said Jenkins wasn’t immediately available on Thursday to comment on the settlement.

A separate settlement in June resolved a similar federal lawsuit against Jenkins in which Roxana Orellana Santos, a native of El Salvador, said Frederick County sheriff’s deputies unlawfully arrested her while she was eating lunch on a work break and transferred her to ICE custody in 2008. The settlement called for paying $500,000 in fees to Orellana Santos’ lawyers, but the terms of any payment to her are confidential, said Brian Whittaker, one of her attorneys.

 

[Politic Negro]

Boulder County reaches settlement with woman who claimed excessive force after being tased in jail
The county will pay out $400,000 and agreed to policy changes which include banning a deputy from using a taser on a person in a restraint chair.

BOULDER COUNTY, Colo. — A settlement was reached this week in a lawsuit filed by a woman who alleged excessive was used by Boulder County Jail employees when she was tased while in custody in 2017.
As part of the settlement, the county will pay $400,000.
The lawsuit filed in late 2019 alleged that eight jail employees used excessive force against Lauren Gotthelf in 2017, primarily by using a conductive energy device (CED) commonly known as a Taser on her while she was being placed in a restraint chair.

Spoiler: See for yourself

Gotthelf also accused the Boulder County Sheriff's Office (BCSO) of violating her rights for reasonable accommodations under the Americans with Disabilities Act (ADA).
She and her service dog Sage were in downtown Boulder on Nov. 25, 2017, and walked on the Pearl Street Mall as they made their way to her car, the lawsuit says.
A Boulder police officer approached her after seeing her light a cigarette, according to the lawsuit. That officer told her she could not smoke or have her service dog on the mall, the lawsuit says.
Gotthelf explained, according to the lawsuit, that Sage was her service dog and she had a right to have him with her under ADA.
The officer told her she would be receiving a summons for having her service dog on the mall, smoking in public, and littering, the lawsuit says.
When Gotthelf refused to sign the ticket, the lawsuit says the officer called for backup and "two other officers forcibly arrested" Gotthelf.
After she was booked into the jail, BCSO deputies claimed Gotthelf "expressed an intention to harm herself", the lawsuit says. Gotthelf denies ever making suicidal statements.
In response to their belief that Gotthelf was experiencing a mental health crisis, the deputies demanded that she strip naked and put on a smock, the lawsuit says.

When she questioned why, Gotthelf was told, "It was policy, and she had no choice," the lawsuit alleges. Three deputies entered her jail cell, handcuffed her, and "forcibly removed her," according to the lawsuit.

Gotthelf was "handcuffed behind her back and physically pinned to the restraint chair" by at least four deputies when one deputy tased her on her upper thigh, the lawsuit says.

At the time the lawsuit was filed, BCSO said in a statement on its website, the agency had "factual disagreements with the allegations within the lawsuit." It noted that Gotthelf "was disruptive" when she arrived at the jail and was placed in a holding cell.
However, as a result of the lawsuit, Boulder County said it has re-evaluated its policies and made the following changes:

• Prohibiting the use of a CED by a deputy while an individual is restrained in a restraint chair
• Requiring consultation with jail mental health staff before using a restraint chair to restrain a detainee, where possible
• Requiring the presence of jail medical or mental health staff to evaluate the need for suicide protocols regarding a detainee before implementing suicide protocols, where possible
• In-person mental health services will be available for detainees at all times (except that during the COVID pandemic, they may be provided through Telehealth means during nighttime hours)
• Additional mandatory training of deputies on these changes in policy, including deescalation and treatment of inmates and detainees with mental health concerns

 

[Politic Negro]

Wow! This should be the Norm

Allen County sheriff pledges to repay $55,000 lawsuit settlement

Posted: Sep 23, 2020 / 01:16 PM EDT / Updated: Sep 23, 2020 / 06:09 PM EDT


FORT WAYNE, Ind. (WANE) — Allen County Sheriff David Gladieux issued a statement Wednesday afternoon indicating he will repay the county’s general fund the $55,000 lawsuit settlement that was reached.
Last week, County Council voted 5-2 to pay $55,000 to settle a lawsuit about Gladieux filed by the family of a 15-year-old boy pushed at the Three Rivers Festival in 2019. The body felt the settlement amount paled in comparison to the amount the county would be on the hook for if the case went to trial.
After the vote, the council sent a letter to Gladieux, requesting he pay the county back.
Gladieux issued the following statement Wednesday:

Spoiler: Sheriff Statement

I am among the privileged whom wake up every day to serve our fellow citizens by promoting their safety and security.

I have spent my entire adult life, since my graduation from high school, as a law enforcement officer. I worked 14 years as a Road Patrol Officer, almost all of them as K9 dog handler. I served on our Swat Team, and as a Major Crimes investigator.

Throughout my career I actively pursued every opportunity to learn, grow and develop as a person, an officer and a leader. My attendance and graduation from the FBI’s National Academy, joining the ranks of less than one percent of law enforcement personnel, was personal validation of my efforts and focus.

But, the honor of my life occurred in December 2014 when I became Sheriff of Allen County. My selection by Allen County citizens to serve as their Sheriff has been both humbling and inspiring.

Consequently, the unnecessary and preventable incident with the young man last summer has been the most instructive and leveling experience of my career. I apologize again to him, his family, the men and women of the Allen County Sheriff’s Department and the citizens of Allen County. I understand that regardless of the facts, as the Sheriff I bear responsibility that such incident occurred.

Thus, I understand and agree with the frustration and disappointment expressed by County Council and willingly agree to reimburse the Allen County General Fund the full $55,000 settlement sum paid to settle the lawsuit arising from the incident.

I will wake up every day of my remaining term of office with the same commitment, energy and passion to protect and serve, but also to continue to learn, grow and develop as a person, officer and leader.

We need, as a community, to put this incident to rest. I accepted responsibility in both legal matters and with re-payment of the settlement, seek to have us – all of us – focus on the critical work of the Sheriff’s Department and our
community for a safer, more inclusive and prosperous Allen County.

Sheriff David Gladieux

Spoiler: Story

BACKGROUND
Back in July 2019, Gladieux had an altercation with a 15-year-old volunteer at the Three Rivers Festival, according to court records. Gladieux was in a private area when the boy asked to see his VIP badge. The sheriff told the boy “I am the ******* sheriff, move out of the way,” and shoved him, records show.

Afterward, Gladieux reached a pretrial agreement and was enrolled in the Allen County Prosecutor’s Office Pretrial Diversion Program. With the agreement, Gladieux was required to pay a $334 fee, complete alcohol and anger management programs, and make a public apology.

According to documents obtained by WANE 15, Gladieux completed 12 hours of a risk management program for alcohol use as recommended. He also completed all requirements of the National Association for Alcoholism and Drug Abuse Counselors, as well as 10 hours of Conflict Resolution for Recovery and Relapse Prevention.

With the completion of the programs, the battery charge will be dismissed as long as the sheriff does not get arrested between now and Oct. 18.

Gladieux is currently in his second term as sheriff of Allen County. His term will officially end on Jan. 1, 2023.

 

[Politic Negro]

Washington County awards $625K settlement to Albert Molina, man assaulted by deputy
Updated Jun 23, 2020

The Washington County board of commissioners voted Tuesday to authorize a $625,000 payout to settle a lawsuit brought by a former inmate whose skull was fractured in what appears to have been an unprovoked attack by a county sheriff’s deputy in the jail’s booking area in 2018.

Spoiler: Story

In a prepared statement, the board condemned Washington County sheriff’s deputy Rian Alden’s conduct that “needlessly injured” and traumatized Albert Molina, 45.
“For that we’re truly sorry,” the statement read.

The settlement was reached days before the county district attorney’s office is expected to go before a grand jury to seek a felony second-degree assault indictment against the deputy, Rian Alden. Oregon law caps payouts in suits against municipalities to $700,000.

The case has spurred the Washington County District Attorney’s office to reform how it handles similar cases in the future, officials there said.

Molina was accused of riding a bike while intoxicated and was being booked into the Washington County Jail March 30, 2018.

A jail video released by Molina’s attorneys shows Alden directing Molina to stand against a back wall so he can take his booking photo. Molina appears to salute or gesture at Alden a few times. Alden gestures at Molina, as if trying to instruct him. Molina holds a hand up near his chest, making another gesture at Alden and appears to say something to him.

Within seconds, Alden runs out from behind the desk, slams Molina to the wall, appears to grab his neck, pins him to the ground and straddles him. Three other deputies come over, and one appears to help Alden hold Molina down. Almost immediately, some other staff come into the room with medical equipment. Alden continues to hold Molina down, face down.

Molina’s attorneys first filed a lawsuit against the county in 2019 after the alleged assault took place, citing major injuries and medical expenses that exceeded $135,000. He spent 19 days in the hospital, including five days in the intensive care unit.

The lawsuit listed Molina’s injuries from the assault, including a traumatic brain hemorrhage, a skull fracture, injuries to the tissue near his spine, a loss of consciousness, hearing loss and headaches.

The case was initially brought to the county district attorney’s office for review in 2018.

Molina’s attorney, Jason Kafoury, said he appreciates the county’s commitment to improving oversight of the sheriff’s department and jail. He called for further scrutiny on local law enforcement, and more attention to the violence prisoners face. He also asked the Oregon Legislature to establish an independent, state-wide unit to investigate serious injury and death cases.

“It is important that all parties appreciate just how far short they have fallen up until now and how the case of Mr. Molina illuminates those failings,” he said.

The decision not to prosecute Alden was made after neither of the outside investigators – from the Multnomah County Sheriff’s Office and the Oregon State Police -- nor the district attorney’s office sought or obtained Molina’s medical records that documented serious injuries, Washington County Chief Deputy District Attorney Bracken McKey told The Oregonian/OregonLive.

“We got this one wrong, and we own that,” McKey said. “There’s no excuse for this when it comes to our office’s initial decision not to prosecute and not getting all the information we needed to get.”

Former Senior Deputy District Attorney Megan Johnson signed the initial decline to prosecute memo dated Sept. 10, 2018. The memo contended the video showing Alden attack Molina was “of minimal value.”

That same video, along with Molina’s medical records, is now being used to seek a felony indictment against Alden for second-degree assault.

Johnson has since left the district attorney’s office and works for a law firm in Portland. Johnson did not return a message seeking comment.

In the decline to prosecute memo, Johnson explained why the office would not pursue second-degree official misconduct charges against Alden.

“Mr. Molina has stated he has no recollection of his arrest or anything that transpired at the jail,” wrote Johnson, who at the time handled the district attorney’s misdemeanor unit.

Johnson also referenced the accounts of other witnesses, Alden’s co-workers, in the memo.

“The few witnesses on scene are inconsistent in what they saw and heard,” she wrote. “The video is of minimal value because it captures only one view and has no audio feed.” She followed up the memo eight days later, clarifying that she did review two separate video views of the jail incident.

The renewed interest in the jail assault case came after the district attorney’s office saw an article on OregonLive.com in early June about an investigation into Alden for an alleged racist email, McKey said.

“It’s unfortunate that it took a racist email for us to review any cases we had with the guy,” McKey said.

Alden joined the Washington County Sheriff's Office in 2007. Before that, he worked for the Malheur County Sheriff's Office from 2004 to 2006.

The Washington County Sheriff’s Office learned of the email allegation involving Alden May 31 and placed him on paid administrative leave the next day. The sheriff’s office said the email appears to be over 16 years old and was sent in 2003,
four years before the deputy started working for the agency.

The email is filled with racist slurs and at one point said, “Oh, I’m sorry, that was Racist, but I guess I am.”

Alden’s attorney, Dan Thenell, called it unfair that the district attorney’s office is prosecuting Alden after previously choosing not to and after an internal affairs finding that his force didn’t violate policy.

Thenell said he believes the district attorney’s office is using former senior deputy district attorney Johnson as a “scapegoat.”

“The video does not show what a person perceives,” Thenell said. “This is all about politics because of what happened in Minneapolis to George Floyd.”

The case has led the Washington County District Attorney Kevin Barton to change his office’s handling of any alleged use of force case involving an officer or sheriff’s deputy.

Going forward, any allegations of use of force involving an officer or sheriff’s deputy will only be handled by the district attorney’s major crime team that consists of the two chief deputy district attorney and one senior deputy district

attorney, according to McKey.

The prosecution team will ensure all medical records are obtained, and prosecutors consult with use of force experts who are outside of the agency that employs the officer whose actions are under review, McKey said.

Changes to the sheriff’s office

The sheriff's office also is making internal changes in its review process, Sheriff Pat Garrett said Tuesday.

“I own this,” Garret said. “I will not be pointing fingers at anybody else. Part of being responsible is taking steps to fix it.”

The sheriff's office now will reach out to outside experts on any allegations of use of force and is considering calling in a national expert to review the office's use of force policies.

Garrett said he was the one who decided to bring in the outside detectives in 2018.

“When I first saw the video, it was difficult to watch,” Garrett said, referencing his reaction when the case first came before him in 2018. “I thought, we’ve got to get someone outside to look at this.”

After the district attorney’s office declined to prosecute, internal affairs investigators from the Washington County Sheriff’s Office reviewed the incident to determine whether Alden violated any sheriff’s office policies in an administrative review. Garrett said sheriff’s trainers and use of force experts were involved in the determination that there were no policy violations by Alden.

“It wasn’t a rubberstamp,” Garrett said. “There was some spirited debate.” The sheriff called the matter then “a close call.”

In the county’s initial answer to Molina’s civil suit, Washington County Counsel Christopher Gilmore wrote in court records that Alden’s force was justified and that he acted in self-defense in response to Molina’s “drunk and disorderly behavior, his verbal statements attempting to solicit a fight, his physical gestures in moving towards Deputy Rian Alden with his fists clenched.”

Alden wrote in his use of force report that Molina suffered a “minor” head injury in a report approved by sheriff’s Sgt. Shane Siemiller. According to Alden, Molina “took up a fighting stance and challenged” him to fight. Alden said when he asked Molina to turn for a side booking photo, that Molina responded with a vulgar remark, followed by “What’s up? and flipped him off, the report said. He suggested that “What’s up?” is a question gang members use ‘to challenge someone to fight,” though he had no idea if Molina was involved in a gang.

After Alden slammed Molina against the wall and then took him to the ground, another deputy present, Josie Kringelhede, wrote in a report that he pressed an emergency duress pager. Other deputies present noticed Molina went unconscious and was bleeding from his nose. Molina regained consciousness but couldn’t answer questions beyond a yes or no. He was taken by ambulance to Legacy Emanuel Medical Center.

 

[Politic Negro]

Michigan city agrees to $1.25M settlement in fatal police shooting of Black man
Updated Mar 11, 2021

DEARBORN, MI – A Southeast Michigan city agreed to a settlement of $1.25 million in a lawsuit over the fatal police shooting of an unarmed Black man in 2015.



The man who died, 35-year-old Kevin Matthews, was accused of stealing an energy drink, and was chased on foot before he was shot nine times by Dearborn Police officer Chris Hampton, Ed White reports for The Associated Press.

The deal between the city and Matthews’ family comes just weeks after Hampton, 33, killed himself, AP reports.

In a lawsuit deposition, Hampton said that he was on the ground and Matthews was over him, attempting to take his gun, the report said. Matthews, who was significantly smaller than Hampton, had a history of mental illness and was recovering from a broken arm. There were no witnesses or bodycam footage of the incident.

Crime scene and ballistics experts hired by Matthews’ family believe Hampton was shooting down - not up - since two bullets were found under Matthews’ body and one was next to it, AP reports.

In 2016, Wayne County prosecutor Kym Worthy declined to file criminal charges against Hampton; she was convinced Hampton was defending himself, the report said.

The case was settled out of court due to Hampton’s sudden passing, attorney Milt Greenman told AP.

 

[Politic Negro]

Maquoketa to pay $4.5 million to family of man who suffocated while being restrained by police

MAQUOKETA, Iowa — The city of Maquoketa and Jackson County in eastern Iowa will pay $4.5 million to settle a lawsuit brought by the family of a man killed during his arrest last year.

An attorney for the family of 22-year-old Drew Edwards said in a news release Wednesday that the payment will settle a lawsuit alleging civil rights violations and excessive police force against Edwards.

Edwards died on June 15, 2019, after being shocked a dozen times with a stun gun and suffocated as a Maquoketa police officer and a Jackson County Sheriff's deputy sat on his head, neck and body for over 10 minutes, according to police body camera footage and reports gathered by the family. The officers had been trying to arrest Edwards for simple assault following a domestic dispute.

"When we saw how Drew had been tased over and over and how he died with officers kneeling and sitting on him ... for many reasons it was clear Drew's rights had been violated," said Dave O'Brien, the family's attorney.



A phone message left Thursday with Maquoketa City Manager Gerald Smith wasn't immediately returned. Steve Schroeder, chief deputy with the Jackson County Sheriff's Office, said he couldn't comment because the matter was still in litigation.

Police said an autopsy showed Edwards had methamphetamine, ecstasy and marijuana in his system when he died.

The officers involved were later cleared of any criminal wrongdoing in Edwards' death.

 

[spider705]

$1.75M settlement announced in 2015 assault of Indian grandfather involving Madison police

MADISON, Ala. (WAFF) - In 2015, Sureshbai Patel was visiting his son, daughter-in-law and disabled grandson when he was injured by a former Madison police officer. Today, Patel’s lawyer announced the case is formally dismissed.
Hank Sherrod is Patel’s lawyer, and on April 8, Sherrod confirmed the insurance company for the City of Madison paid Patel $1.75M to settle Patel’s federal lawsuit stemming from the 2015 assault of Patel by former Madison police officer Eric Parker.
Patel is a citizen of India and was visiting family in Madison during February of 2015. Records show Patel was walking in his son’s neighborhood when he was contacted by two Madison police officers, a new officer going through field training and his training officer, Eric Parker.

Officers were responding to a report from a neighbor about who saw “Patel as a skinny black male who did not belong in the neighborhood.”
A release from Sherrod states when officers saw Patel, the trainee initiated the confrontation, when Parker intervened, put Patel’s hands behind his back, patted Patel down, and then took Patel to the ground headfirst using a leg sweep.
As a result, Patel suffered a serious spinal cord injury. Patel had to have surgery, go through rehabilitation and now requires a walker.
Video of the assault was made public and sparked national and international media attention.

Parker was charged with violating federal criminal civil rights laws. After two hung juries, the federal judge over the criminal trial acquitted Parker in 2016.
Parker was recommended for termination by the City of Madison police chief and placed on paid leave shortly after the incident, following dismissal of the criminal charges, the City reinstated Parker. Parker currently works for another police department in Alabama.
Patel’s civil lawsuit was vigorously defended by the City of Madison and Parker
“Not holding Parker accountable for his excessive use of force and allowing him to continue as a police officer is a fundamental failure of accountability, by both the City of Madison and our criminal justice system,” said Sherrod. “While we are glad Patel has received compensation for his injuries, no one, and especially not government actors, should be above accountability. Mr. Patel is glad to put this behind him. He appreciates all the support he has received from people all over the world. Mr. Patel credits his Hindu faith for giving him strength and peace throughout this ordeal.”

I remember being so angry at this one when it initially happened... fuck this isn't enough money and the cops involved here along with the dick eater that called the cops on him saying "he didn't belong" need they ass whooped...

 

[jackson35]

we need to go for jail time fuck the money

 

[Politic Negro]

Photojournalist Wins ‘Substantial' Settlement From DC Police for Black Lives Matter Protest Arrest
By Jackie Bensen • Published April 22, 2021

A photojournalist won a settlement in his lawsuit against D.C. police, who he says violated his civil rights by arresting him as he covered a Black Lives Matter protest in August.
After his arrest, photojournalist and documentarian Kian Kelley-Chung told News4 his cameras and cellphone were seized while he was covering a protest in the Adams Morgan neighborhood Aug. 13.
Police were accused of “kettling” — a mass arrest technique banned in the District.



Kelley-Chung, a freelancer whose work has appeared in the Washington Post, is a member of the National Press Photographer’s Association (NPPA).
“The press is the eyes and the ears of the public,” NPPA general counsel Mickey Osterreicher said.
Kelley-Chung was jailed for 18 hours. The charges were dropped, but police kept his cameras and phone.
After months trying to get them back, NPPA attorneys joined forces with First Look Media’s Press Freedom Defense Fund, filing a lawsuit accusing D.C. police of violating Kelley-Chung’s civil rights and the Journalist Privacy Protection Act of 1980.
The District settled for an undisclosed sum described as substantial by the NPPA.
“We’ve been involved in quite a number of these cases where the settlements have been, again, significant, and unfortunately, it’s the taxpayer that’s paying for it,” Osterreicher said.
“I’m thankful to have had the support from the NPPA and my attorneys at Davis Wright Tremaine,” Kelley-Chung said in a statement. “Without their help, my equipment may still be in police custody to this day.”
“I believe that accountability is key to ensuring a brighter tomorrow,” he added. “There is a lot of power in a camera to hold officers accountable, and I hope everyone remembers that.”
“It shouldn’t always be our job to point out when the police do something wrong,” he said in the statement. “They should make it a point to prevent wrongdoings from happening in the first place.”
D.C. police declined to comment on the settlement.

 

[Politic Negro]

NYPD agrees to limits on sound cannons, ending 5-year battle
4/19/21 2:10 PM

NEW YORK — The New York Police Department has agreed to limit its use of sound cannons on crowds, ending a five-year legal battle over claims that the devices caused hearing damage, dizziness and migraines.

In a settlement agreement filed in federal court on Monday, the police department said it will no longer use an “alert tone” setting in which the devices emit a series of sharp, painful beeps to disperse crowds.

The department is still permitted to use handheld and vehicle-mounted sound cannons to make announcements and play recorded messages, but must make reasonable efforts to do so at a safe distance, according to the agreement.

Several people, including activists and a photographer, sued the NYPD in 2016 over the use of sound cannons, formally known as Long Range Acoustic Devices, during 2014 protests over the police chokehold death of Eric Garner. The lawsuit alleged that the use of the devices, first developed for military use, constituted excessive force.

The NYPD agreed to pay $98,000 to five people who said they were hurt by the devices and $650,000 in legal fees.

One of the plaintiffs, Anika Edrei, said in a statement: “Although it moves slowly, we have finally acquired some justice for protestors. Being an activist myself, I hope that the people feel a more protected going out to actions and events.”

A message seeking comment was left with the NYPD.

The city, on behalf of the police department, had vigorously fought the lawsuit and sought intervention from the Supreme Court after the 2nd U.S. Circuit Court of Appeals ruled in 2018 that NYPD and its officials were not entitled to immunity.

Under the settlement agreement, the police department will amend its Administrative Guide and training materials to include its new rules for using sound cannons.



Among other changes, officers must get authorization from a supervisor, department lawyer or the commanding officer of the disorder control unit before using the devices, and all uses must be tracked in a log. Violating the new policies could result in internal disciplinary action, according to the settlement.

 

[Politic Negro]

Newly minted Settlement
Fresno settles lawsuit in police killing of unarmed teen. Second settlement this month
BY THADDEUS MILLER
APRIL 24, 2021 02:18 PM,

The city of Fresno has reached a $4.9 million tentative settlement with the family of an unarmed teenager killed when an officer shot him in the back of the head, Councilmember Miguel Arias said Saturday.
The city has faced a lawsuit for about three years after it was filed by the family of 16-year-old Isiah Murrietta-Golding, who was killed as he fled from police on April 16, 2017.
Fresno must pay the first $3 million of the settlement before insurance picks up the rest, according to Arias.

Spoiler: Story

It is the second settlement this month from the Fresno City Council. The city dropped its appeal and agreed to settle a separate case and pay the family of Casimero “Shane” Casillas $4.4 million. He, too, was killed by police.
“These are two very difficult cases that the council wants to bring closure to the families that acknowledges loss and allows the city to pursue other settlements,” Arias said. “I want to sincerely express our apologies and sympathies to the families. It’s my hope that the settlements allow the families to move forward.”

The council is looking to clear out pending cases in order to implement police reform recommendations in good faith, Arias said. Officials have confirmed that about two dozen of the 70-plus recommendations made by the Fresno Commission for Police Reform are in the works.
Video released in October 2019 was met with outrage as it shows Sgt. Ray Villalvazo firing a single round that struck the back of the head of Murrietta-Golding, who police said was a suspect in a fatal shooting the previous day.
Some were further outraged when a body-worn camera captured what seems to be another officer saying “good shot,” as the boy lay dying.
Police have said officers were pursuing a potential murder suspect, and did not know if he was armed.
The settled lawsuit in question alleged that the officer used excessive and unlawful deadly force, and committed assault and battery with negligence.

The attorney representing the family, Stuart Chandler, made the videos available to local media.
Murrietta-Golding’s mother, Christina Lopez, was represented by attorney Michael Haddad of Haddad & Sherwin LLP, who said the settlement is the largest in Fresno’s history related to an officer-involved shooting.
“The loss of her 16-year-old son for this outrageous police shooting has been the hardest thing in her life,” he said. “The city, I think, recognized the gravity of her loss.”
The family asked for additional training for officers to use deadly force only under immediate threat, Haddad said, but the city did not agree to that provision in the settlement.

“This is troubling for so many reasons,” Haddad said. “The video shows this is a little boy running away from an officer, who squares up and shoots. And the boy was unarmed.”

The Fresno Police Department‘s Internal Affairs Bureau, Fresno County District Attorney’s Office and the city of Fresno’s Office of Independent Review all deemed the lethal force justified.
The killing of the teenager has been routinely used by police skeptics as one of the examples of unnecessary police violence in Fresno that have led to lawsuits.

FRESNO POLICE ACCOUNT
Moments before the shooting, police had pulled over a car carrying Murrietta-Golding at a shopping center at Shaw Avenue and Fresno Street.
An officer commanded Murrietta-Golding to step out of the vehicle, put his hands behind his head and take steps backward toward the officer. Then Murrietta-Golding took off running through the busy parking lot, according to the lawsuit.
Eventually, Murrietta-Golding jumped the fence of a daycare center. There, video taken from the surveillance camera shows Sgt. Villalvazo crouch down slightly, then fire at the teen through the fencing.
Murrietta-Golding immediately collapsed to the ground after being shot, the video shows.

 

[Politic Negro]

NYC to pay $750,000 to woman who was shackled during labor
A woman who says she was shackled by police for hours while in active labor has settled a lawsuit against New York City for $750,000
By KAREN MATTHEWS Associated Press
April 22, 2021, 5:51 PM
• 3 min read

NEW YORK -- A woman who says she was shackled by police for hours while in active labor has settled a lawsuit against New York City for $750,000, her lawyers announced Thursday.

Spoiler: Story

The woman, who filed the lawsuit anonymously, was arrested for a minor charge in 2018 when she was more than 40 weeks pregnant, she said in the suit filed in Brooklyn federal court. She was handcuffed and shackled during labor and after she gave birth to her son, according to the lawsuit filed by The Legal Aid Society and Emery Celli Brinckerhoff Abady Ward & Maazel LLP.

“Shackling pregnant people is a dehumanizing and pointless practice that has no place in New York City," Anne Oredeko, supervising attorney of the racial justice unit at The Legal Aid Society, said in a news release announcing the settlement.

Katherine Rosenfeld, a partner at Emery Celli, said the New York City Police Department's policies for shackling pregnant people “are decades behind mainstream law enforcement standards and an embarrassment to the City.”

The lawsuit charged that the woman, identified as Jane Doe, was driven around to various holding cells and then to Kings County Hospital after her arrest. She was handcuffed in the ambulance en route to the hospital even though she was in active labor and in a great deal of pain, the lawsuit said.

After giving birth, the woman struggled to feed her newborn with one arm cuffed to the hospital bed, according to the lawsuit.

All the charges against the woman were ultimately dismissed, her lawyers said.

Asked about the case at a virtual news briefing Thursday, Mayor Bill de Blasio said, “Obviously, I think that that was inhumane, and we don’t want to see that ever happen again.”


A spokesperson for the city law department confirmed that a $750,000 settlement was reached Wednesday.

In a statement, the law department said the police department's patrol guide was revised early last year, “with input from the parties in this case. The incident that was alleged in this case took place before the revisions."

Attorneys for Jane Doe said, however, that the revised policies on the circumstances in which restraints should be applied to pregnant women remain vague and inadequate.

“We proposed a host of changes to the NYPD; the NYPD rejected our input and unilaterally adopted a terrible policy, which we criticized at the time,” Rosenfeld said in an emailed statement.

The revised patrol guide leaves it up to a supervising officer to determine if a less restrictive method of restraint is appropriate based on factors including whether a detainee is in labor.

Rosenfeld said the police department should instead adopt "a per se ban on shackling women in the hospital during hospitalization, labor, delivery and post-partum, with no exceptions.”

 

[Politic Negro]

'Watch the show, folks': Virginia State Police trooper off force after viral video of 2019 traffic stop in Fairfax

FAIRFAX — A white state trooper who was seen on video telling a Black driver “you are going to get your a-- whipped” and yanking him out of the car by his neck is no longer with the Virginia State Police.
The Washington Post reported that state police spokesperson Corinne Geller said state police were prohibited from releasing additional detail about Charles Hewitt, the trooper seen in a viral video of the 2019 traffic stop in Northern Virginia.
Joshua Erlich, an attorney for driver Derrick Thompson, said he was told during the settlement of a federal lawsuit over the incident that Hewitt was fired for cause in February, months after the video became public.



Erlich said the lawsuit was settled this month for $20,000, with no admission of wrongdoing by the state.

Spoiler: Story

“Mr. Thompson filed this case because Trooper Hewitt’s behavior was unconscionable, and Mr. Thompson is happy with the outcome,” Erlich said. “He thought he deserved — and received — monetary compensation. And although the VSP did not admit to any wrongdoing, Mr. Thompson is heartened Trooper Hewitt is no longer on the street and thinks Virginia is safer for it.”

The Virginia Attorney General’s Office confirmed a settlement but did not offer any other comment. A working phone number could not be located for Hewitt.

After Erlich posted the video on Twitter last summer, it was retweeted thousands of times and was featured widely in news reports.


The video, which was filmed by Thompson with his cellphone, begins after Thompson, a 29-year-old Woodbridge resident, was pulled over in Fairfax County for an expired inspection decal. The footage shows him sitting behind the wheel of his car claiming he was not a threat and that a request from him to get out of his vehicle was unlawful.
At one point, Hewitt leans toward Thompson and yells: “Take a look at me. I am a f---ing specimen right here, buddy. You have gotten on my last nerve, all right?”
Thompson tells Hewitt he has his hands up.
Hewitt then tells him: “You are going to get your a-- whooped.” He goes on to say: “I’m going to give you one more chance. You can bring that with you — I’ll let you film the whole thing.”


Hewitt tells Thompson he is being placed under arrest, looks into the camera and says, “Watch the show, folks.”
Hewitt then forcefully removes Thompson from the car, takes him to the ground and arrests him. Thompson pleaded guilty to misdemeanor obstruction of justice last year.
Col. Gary Settle, the Virginia State Police superintendent, said after the video became public that Hewitt’s conduct was inappropriate.

“The conduct displayed by Trooper Hewitt during the course of the traffic stop is not in agreement with the established standards of conduct required of a Virginia trooper,” Settle said in a statement in July.