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

Politic Negro

Rising Star
BGOL Investor
Sonoma County to pay record $3.8 million settlement over fatal arrest of David Ward

Sonoma County has agreed to pay a record $3.8 million to the family of a Bloomfield man who died after a violent encounter with sheriff’s deputies in 2019.


The settlement of a civil rights lawsuit filed by the family of David Ward was approved Tuesday by the Sonoma County Board of Supervisors in a closed-session meeting, Sonoma County Chief Deputy County Counsel Josh Myers said.
It comes just under a year after Ward’s family sued the county, claiming Sonoma County Sheriff’s Deputies Charles Blount and Jason Little used excessive force against Ward during a Nov. 27, 2019, traffic stop that followed a high-speed chase through parts of west Sonoma County.

The deputies, who were investigating Ward’s report that his Honda Civic had been stolen by an armed man, did not know Ward had recovered the vehicle and was driving it when they tried to pull over the car.
During a traffic stop near Ward’s Bloomfield home that followed the brief chase along rural west county roads, Blount wrapped his arm around Ward’s neck and bashed his head into the side of the Honda Civic he drove in and Little fired his Taser twice at Ward through an open window after he did not follow commands to get out of the car, video captured by body-worn cameras showed.

he settlement amount surpassed a record set in December 2018, when county officials agreed to pay $3 million to settle a civil rights lawsuit filed by the family of Andy Lopez, a 13-year-old Santa Rosa boy who was shot and killed in 2013 by a sheriff’s deputy who mistook his airsoft gun for an assault rifle.

“I think what that reflects is an increasing understanding by government officials that their employees are not immune from scrutiny from the public to the extend that they perhaps were,” said Izaak Schwaiger, the attorney representing Ward’s family.
“This is no longer a time that police officers receive the benefit of the doubt,” he added. “They’re treated like everyone else and I think the size of this settlement reflects that.”
Sonoma County Sheriff Mark Essick extended his condolences to Ward’s family, saying Blount’s actions during the traffic stop fell short of the agency’s standards for its employees.

He underscored the quick steps he and his office took in the aftermath of the incident, including an internal-affairs investigation into Blount’s encounter with Ward and the public release of body-worn camera footage that captured the pursuit and traffic stop.

Essick announced his intention to fire Blount the day of the video’s release, though Blount retired months later, before the termination process was complete.
“In that regard, I felt the Sheriff’s Office held Blount accountable for the violation of policies that led to Mr. Ward’s death,” Essick said of his move to fire Blount.
Little was placed on administrative leave in the aftermath of Ward’s death and returned to work patrol for the agency last November, Essick said.
When asked whether the Sheriff’s Office disciplined Little or required him to undergo additional training prior to returning to work, Essick said that information was protected under personnel privacy laws.
A recently passed state law, SB 1421, requires law enforcement agencies to make investigations into officer-involved shootings public, though an exception that keeps those documents confidential when officers involved are part of criminal proceedings is currently preventing the Sheriff’s Office from releasing those records, Essick said.
Blount faces felony involuntary manslaughter and assault charges for his role in Blount’s death, a case that as of Thursday remained in the pretrial phase, Sonoma County Superior Court records show.

A felony conviction in the case would make Blount ineligible for retirement benefits related to his time at the Sheriff’s Office, Essick added.

The Marin County Coroner's Office, which conducted Ward’s autopsy, concluded his death was directly caused by cardiorespiratory collapse, blunt impact injuries, neck restraint and the use of a Taser.
The coroner’s office ruled the case a homicide, which does not necessarily imply liability but does indicate someone died at the hands of another person. Acute methamphetamine intoxication, chronic substance abuse and mental illness were listed as significant conditions that contributed to Ward's death.
Harry Stern, Blount’s criminal defense attorney, did not return a request for comment regarding the settlement and its potential impact on the criminal case. In a past statement to The Press Democrat, he’s described the use of force Blount used on Ward as “very unfortunate but justifiable.”

Alison Berry Wilkinson, who represented Blount in the civil rights lawsuit, declined to comment.
Sonoma County Board of Supervisors Chair Lynda Hopkins said the board approved the record-setting settlement amount based on recommendations provided by the county’s lawyers, though she highlighted that she didn’t believe “any amount of money could make up for the loss” of Ward’s life, she said.
She recalled consulting with law enforcement experts in the aftermath of the body-worn camera release in the case, footage she described as “just horrifying.”

“I wanted to know if my reaction was, quite frankly, an appropriate reaction,” Hopkins said. “From a civilian perspective, it looked like a blatant violation of law enforcement protocol.”
Hopkins said she was also concerned how the settlement would impact annual liability insurance premiums for the Sonoma County Sheriff’s Office, which rose by $2.7 million this year. The jump was partially driven by three recent federal civil rights lawsuit settlements totaling $6.6 million.

Janell Crane, the county’s risk manager, said in an email that the cost associated with the Ward settlement will likely contribute to another increase in insurance premiums, though the exact amount is not known yet.

The City of Sebastopol’s insurance, the Redwood Empire Municipal Insurance Fund, also agreed to pay $82,500 to settle the case on behalf of the city, Sebastopol City Manger Larry McLaughlin said.
Sebastopol Police Officer Andrew Bauer, who also responded to the police chase and was present during the stop, was one of the defendants named in the lawsuit.
Both he and Little were accused of witnessing Blount use excessive force against Ward but failing to intervene despite a duty to do so.

While the Sebastopol Police Department reviewed the incident, as it does in any case involving their officers and an in-custody death, McLaughlin said he was not aware of any formal internal investigation.
As of Thursday, Bauer remained employed at the police department.
“We don’t feel that Officer Bauer did anything wrong, basically,” McLaughlin said. “That’s our conclusion.”
 

shonuff

Rising Star
Registered
Man Shot by Memphis Police Settles Lawsuit Against City
A man who survived a shooting by police after a fleeing a traffic stop has settled his lawsuit against the city of Memphis, Tennessee.

By Associated Press, Wire Service Content Jan. 21, 2021, at 4:28 a.m.

MEMPHIS, TENN. (AP) — A man who survived a shooting by police after a fleeing a traffic stop has settled his lawsuit against the city of Memphis, Tennessee.
Martavious Banks will receive a $200,000 settlement after a voluntary agreement between him and the city was filed in federal court, The Commercial Appeal reported. The original lawsuit had sought $10 million in damages.



Banks ran from a police traffic stop and was shot by a Memphis police officer in September 2018. Banks was critically wounded and spent weeks in intensive care at a hospital.
Banks sued a year after the shooting, after an investigation showed officers did not have their body cameras activated as required by department policy.
Three officers involved in the shooting were not charged, though one did resign. Banks was charged with evading arrest and unlawful weapons possession. He was released from jail after pleading guilty.

Wait he fled a stop and pled guilty ? Why should he get a settlement ????
 

shonuff

Rising Star
Registered
Here's some extra content. I think he got because the cops turned off the bodycam illegally then shot him.

Ok so they turned off their body cam - he still did soe.shit and obviously got shot doing it

That doesn't mean he should get a payout

Punish the cops - absolutely - how or why should he get some sort of money?
 

Politic Negro

Rising Star
BGOL Investor
Greeley city council approves $200,000 settlement in 2019 wrongful arrest

Greeley City Council on Tuesday approved a $200,000 settlement for a resident of the city who said her Fourth Amendment rights were violated and her hand and wrist injured after a 2019 arrest that resulted in the officer’s departure from the department.


Roseann Perez in June 2020 filed a complaint about the arrest through a Pennsylvania-based attorney, Richard Wiener, seeking relief including compensatory damages, exemplary damages, court fees and other relief as appears reasonable and just. Defendants in the case include the officer who arrested Perez, Casey Barnum, as well as his supervisor, Sgt. Wade Corliss, and the City of Greeley.

The incident began 11:14 a.m. June 28, 2019, when Barnum responded to a report of a complaint by a 16-year-old boy, Perez’s son, who said he missed a court date because his mother kicked him out of the house and refused to drive him to his hearing in Adams County. Perez stepped outside to talk about the issues with her son, saying she just returned from Adams County after her son failed to appear.

Barnum, thinking it was a possible child neglect case, asked why Perez kicked her son out of the house. She explained her son was constantly getting into trouble and showed violent tendencies, even around her 2- and 3-year-old children. She pointed to damage on her front door, saying her son caused the damage, and added he even kicked the door off its hinges in the past.

Barnum challenged Perez by incorrectly saying her son had every right to be inside the home as a resident and minor, even if it meant kicking down the door. After some back-and-forth, Perez decided to end the conversation.

“Too bad, so sad, goodbye,” Perez said, as she tried walking back inside her apartment.

But Barnum stuck his foot in the doorframe. The complaint states Barnum kicked the door open and crossed the threshold into Perez’s apartment despite not having a warrant or consent. Perez turned and lifted her left arm, as if to push Barnum out of the door, but he grabbed her left arm and pulled her outside as he started to handcuff her.

Barnum placed Perez in his patrol car, where she stayed for nearly an hour as police went over the details of the arrest. She was ultimately released and was not charged with any crimes.

After the incident, Barnum was re-assigned to desk duty pending an internal investigation. Chief Mark Jones and Deputy Chief Adam Turk paid Perez a personal visit, and the department sent her a letter stating Barnum’s actions “were not appropriate or according to department policy.” In November 2019, a spokesman for the department said Barnum was no longer an officer with the department and declined to give any further details.

Greeley City Council considered and unanimously approved the resolution Tuesday night authorizing a $200,000 settlement with Perez, resolving all her claims against the city, as well as Barnum and Corliss. Greeley City Attorney Doug Marek said such cases, before a settlement is sent to council, are reviewed by a claims review board that includes the city manager, the finance director, the city’s risk manager, the city attorney and the head of the department involved, in this case Jones, as well as an outside firm.

The city council agenda packet states the settlement will be paid for with funds from the city’s Liability Fund, which is sourced through allocations charged to each city department.
 

Politic Negro

Rising Star
BGOL Investor
Des Moines City Council approves $75,000 settlement after lawsuit alleges police used excessive force

The Des Moines City Council on Wednesday approved a settlement with a family that sued a police sergeant and the city alleging excessive force and racial bias.



A $75,000 offer of judgment was accepted this month by attorneys representing Kimberly Williams and her children, federal court records show. Williams' daughter Khy'La, then 17, was hit with pepper spray and thrown to the ground by Sgt. Greg Wessels of the Des Moines Police Department in February 2018 at the downtown DART bus station, according to video taken at the time.

Khy'La Williams suffered bruised ribs, bruised wrists and an abrasion near her eye, her attorneys wrote in the court petition. Both she and her younger sister, who were using a DART bus to ride home from school, spent the night in a juvenile detention center after being detained by Wessels.

The Williamses are happy to put the incident behind them, their attorney said. Jill Zwagerman said the family hopes Des Moines police will provide officers with additional training for how to work with students, specifically black youths.

"That kind of force was clearly not necessary," she said. "There was nothing leading up to that indicating that kind of force was necessary."

The Des Moines Police Department has used implicit bias training sessions in the past but it's unclear if any changes will be made as a result of the lawsuit.

The offer of judgment is "not to be construed" as an admission that the defendants — in this case, the city of Des Moines, DART and Sgt. Wessels — are liable for wrongdoing, the document states.

Jeff Lester, who's worked in the city attorney office for nine years, said all city employees are trained on how to avoid "liability exposure" to incidents like these.

Authorities at the time said officers tried to prevent fights that were brewing among a "loud and unruly crowd" of dozens of teenagers at the station about 2:15 p.m. Feb. 28, 2018. Wessels told students to clear the area, while Williams maintained that she had to wait for her bus.

Attorneys for the plaintiffs say Williams and her younger sister, who is not named in the lawsuit, were not causing any problems when Wessels and Khy'La began arguing about whether she could wait for the bus, court records show. Video shows the two getting closer to each other before Wessels deploys the pepper spray and forces the girl to the ground.

"(The end of the lawsuit) gives the family hope that, going forward, the city will do the right thing and train the officers appropriately and ensure the safety of all Des Moines Public School students," Zwagerman said. "Of course, what happened to them was awful, but ensuring that it doesn't happen again is more important.”

Des Moines police did not immediately say whether Wessels faced any discipline.
This is not Wessels first time being named in a lawsuit.

In 2018, a jury found Wessels and another officer used excessive force and committed battery when they pepper-sprayed and beat a man in a 2013 arrest. The plaintiff was awarded $200,000 in damages. The city of Des Moines paid $800,000 to settle its portion of the civil lawsuit.

In 2013, Des Moines Police determined Wessels violated department policy when
he inappropriately used deadly force by shooting the rear tire of a vehicle driven by a fleeing suspect.

Last year, the city agreed to pay $75,000 to two black men who claimed they were racially profiled by two other DMPD officers in 2018.

Just recently:
 

Politic Negro

Rising Star
BGOL Investor
Tempe approves $2 million settlement for family of 14-year-old killed by police

The Tempe City Council has approved a $2 million settlement for the family of 14-year-old Antonio Arce, who was shot and killed by a former Tempe police officer as the teen ran away while holding a non-lethal airsoft gun.


2a88ec49-5f10-4422-9dbd-a3f30d2012ee-IMG_3086.JPG
A lawsuit filed against former Tempe police Officer Joseph Jaen and the city claimed Jaen shot at Arce even though the boy did not present any threat and did not point the replica gun at the officer. It also alleges that Jaen — who was in a patrol uniform and marked car — didn't identify himself as an officer and that he was approximately 116 feet from a fleeing Arce when Jaen fired his weapon.

Jaen left the department shortly after the shooting and the Maricopa County Attorney's Office cleared him of any wrongdoing in January. However, an internal investigation found Jaen's actions on the day of the shooting violated training and department policies and procedures.

The Tempe City Council unanimously approved the settlement, in which the city will pay up to $2 million in this case, during the Thursday meeting.

Prior to the vote, Tempe Mayor Mark Mitchell again offered condolences to the Arce family on behalf of himself and the council.

"We know that the Arce family was left with the devastation of losing a son and a family member," Mitchell said. "We understand this settlement from the city does not compensate your loss of Antonio, but we’re settling this with the Arce family because the city recognizes and acknowledges that Officer Jaen was outside police department policy and procedure and that his actions were wrong. We wish the Arce family peace as they continue to grieve."

Danny Ortega, attorney for the Arce family, said in a statement that the lawsuit was always about holding the Tempe Police Department accountable for Arce's death.

"Antonio Arce’s death cut short all that he embodied — his sense of adventure, fascination with the world, promise, and hope for a better future. His family will never experience a lifetime of anticipated joys," Ortega said. "They will never see him marry; have children and grandchildren; celebrate holidays, anniversaries, or birthdays. His parents would rather pay to have their child returned to them than be forced to put a price tag on his life.

The settlement wraps up the final loose end in the shooting of Arce. His killing — one of approximately 50 people killed by Arizona law enforcement in 2019 — sparked a wave of protests and garnered national attention. It also came on the heels of a record number of police shootings across the state in 2018.

The settlement also comes amidst a national outcry against use of force by police. Ortega acknowledged this in his statement, noting that Arce's case isn't unique among the many young Latino and Black men killed by law enforcement.

"As with other police shooting cases, the Arce family and the community are unjustifiably left in the dark for too long about whether there was an actual need to use excessive and ultimately deadly force. They are tragically left to grieve without answers about why their loved one was killed," Ortega said. "To add insult to injury, prosecutors fail to charge police officers for their criminal conduct. All of this is unacceptable! All victims of police brutality deserve answers, accountability, and justice from law enforcement and elected officials."

Following the council meeting, Vice Mayor Lauren Kuby said that the settlement marks the end of the legal action, but she's "keenly aware" that there's still a "deeper conversation" to be had about policing in the community.

More than a hundred protesters gathered in a park a few miles away as the meeting went on. They listened to the live stream as the council voted to approve the settlement. They then came together to exchange their own stores about encounters with police.

One protester said the money was how much Arce's life was worth.

Body-cam footage shows the 14-year-old running from the officer while clutching what law enforcement said appeared to be a gun. The weapon turned out to be a non-lethal airsoft gun with an orange tip.

According to documents detailing the administrative investigation, Jaen violated department policy by improperly using deadly force, acting negligently and failing to follow department use of force guidelines because his life was not in danger.

Tempe Police Chief Sylvia Moir said disciplinary actions against Jaen would have been recommended had he not resigned in May. Moir said his discipline could have ranged from a 40-hour suspension to termination.

The Tempe Police Public Safety Personnel Retirement System Board unanimously voted to award Jaen early accidental disability retirement in early January.
89b80f22-3713-4d9e-9a3a-477649457a84-Officer_Jaen200.JPG


An accidental disability is one that occurred while the employee was on the clock and permanently prevents the employee from doing his or her job. Both physical and mental conditions can qualify.

The city has declined to disclose to The Arizona Republic what Jaen cited as the physical or emotional disability sustained on the job that rendered him unable to perform his duties, citing medical privacy laws.

In the lawsuit filed by the Arce family, Ortega said the city was aware Jaen — who was a member of the Army National Guard — suffered from PTSD prior to the shooting. Moir and other city officials previously declined to comment on the allegation.
 

Politic Negro

Rising Star
BGOL Investor
Family Of Che Taylor Receives $1.5 Million Settlement From The City Of Seattle

December 9, 2020

On Mon., the family of Che Taylor, a Black man killed by Seattle police officers, received a $1.5 million settlement in a civil lawsuit filed against the city of Seattle. Taylor was shot by SPD officers on Feb. 21, 2016 while police were conducting an undercover drug operation in the Wedgewood neighborhood of Seattle. The officers conducting the operation said Taylor reached for a gun and did not comply with demands when they shot him.

According to the family, discrepancies in facts during the original investigation of Taylor’s case came to light during the civil proceedings giving them, at a minimum for their loss, some satisfaction that the facts of the case were properly disclosed in court.

“The details in the case showed that Che was in compliance with police officers, he was unarmed,” said Taylor’s sister, DeVitta Briscoe. “The settlement does not comp for our loss, the amount is not enough to compensate for our grief and our loss, but we are thankful that is was resolved.”

ames Bible, attorney for the Taylor family, agrees and says that the family never gave up in their pursuit of justice.

“We survived several attempts by the City to dismiss our case, but we fought with all our hearts,” said Bible. “Without delving too deeply into the facts, we steadfastly maintain that Che was shot while following inconsistent commands.”

While there is no admission of guilt in a civil lawsuit, it does bring a sense of justice to the family.

“We did settle with the Seattle Police Department and I think that is some acknowledgement of wrongdoing or liability on their part,” says Briscoe. “They (the police department) won’t say that, they won’t admit to that but it does give me some solace to know that our family fought really hard for this outcome.”

Taylor’s Brother, Andre Taylor agrees.

“This brings us a level of closure to our family with all the work that we’ve done,” says Andre Taylor. “We needed that sense of closure probably more than anything.”

For nearly five years, the Taylor family has fought to maintain the integrity of Che’s life and in doing so they’ve pushed for legislation and systemic change in order to move the needle when it comes to police accountability, including their work to establish and pass voter Initiative 940, which called for increased police training and criminal liability in cases of deadly force used by police.

“It’s been a five-year journey,” says Briscoe. “We’ve been really pushing that Che’s life matters, fighting against the narrative that he was just a criminal, guilty of his own death.”

“Before Initiative 940 there was no officer that has been found guilty of police use of deadly force,” says Taylor. “In over 30 something years in the state of Washington because of the malice clause no officer has been found guilty but 940 changes that.”

Closure brings peace of mind to those who have lost someone. It doesn’t necessarily stop the pain from loss, but it is a pathway to healing. But the family is hopefully one step closer to healing in this tragic journey.

“It has been a long and difficult journey for the family of Che Taylor,” says Bible. “From the call informing them that their loved one was shot and killed by police to this very moment, they have been seeking justice for their loved one.”

The Seattle City Attorney’s Office agrees and hopes that everyone can find closure with the settlement.


“We hope that this resolution will lead to closure for the parties in this matter,” says Dan Nolte, Communications Director for the Seattle City Attorney’s Office. “We appreciate the Plaintiffs’ time and that of the mediator in working toward a resolution.”

The Taylor family has work diligently to bring about closure, yet they feel there is still more work to do. Although the language of law deferred accountability, the family of Che Taylor continues their work towards justice.

“We have never stopped our work, and our work will continue.” says Taylor. “We will continue to be the voice for the voiceless of the community because this has become bigger than my brother, so our work continues on.”
 

Politic Negro

Rising Star
BGOL Investor
City of Auburn settles lawsuit over Isaiah Obet’s death for $1.25 million
Family calls for inquest into 2017 shooting by Auburn Police Officer Jeff Nelson.
22549801_web1_Obet-AUg-200828-nelson_1.jpg

The City of Auburn agreed last week to settle a lawsuit that was brought against it by the family of a man Auburn Police Officer Jeff Nelson shot and killed in June 2017.
According to the signed settlement document, the cost to the city for settling the case with Isaiah Obet’s estate is $1.25 million.

The city declined to make any comment beyond that.

“Nothing can bring Isaiah back, and we still grieve his loss every day,” the family said in a press release Aug. 20.


But the family, speaking through attorneys David B. Owens and Mariah Garcia of the civil rights law firm Loevy & Loevy, had a lot to say — including about the unusual speed of the settlement.

“That the city agreed to settle before discovery began,” the family said in the press release, “illustrates how egregious Nelson’s actions were, as they have been with other community members who have been victims of Nelson’s force.”

Throwing the family’s grievances into sharp relief is that on the day Obet’s attorneys made their announcment, King County Prosecutor Dan Satterberg announced his office was going to charge Nelson with one count of second-degree murder and one count of first-degree assault for the death of 26-year-old Jesse Sarey in 2019.

Nelson was arraigned Aug. 24 on both charges and was jailed on $500,000 bail.

Between 2011 and 2019, according to the Auburn Police Department, Nelson was “involved in” three of the city’s five fatal shootings: Brian Scaman in 2011; Obet in 2017; and Sarey in 2019.



That only confirms to the family, it said, the public’s need to know what happened on June 10, 2017, when Nelson shot Obet.

For that reason, the family urged the city to drop its participation in a multi-city lawsuit against King County Executive Dow Constantine that challenged nearly every aspect of the inquest system, which the family called the proper mechanism for disclosing what happened to Obet.

In the absence of an inquest, here is the family’s account.

“We alleged then — and firmly believe — that Nelson’s ‘kill shot’ was a street execution of a man who had already been shot once, bitten by a dog, and on the ground. Nelson’s statements the day of the shooting are consistent with this account,” the Obet family wrote, alleging, however, that days later Nelson contradicted himself and provided a different version of events.

Here is the city’s account.

Police responded to a series of calls that Obet, armed with a knife, had committed a home-invasion robbery and then tried to carjack a vehicle driven by a mother with a child in the back seat, not as Obet’s attorneys alleged, because he was “acting strangely,” the city said.

Police likewise contradicted the claim that Obet had shown signs of mental illness. Victims of the home invasion robbery told police in the 911 call, police said, that Obet appeared to be high on drugs. The medical examiner’s subsequent toxicology test, police said, showed that Obet had “remarkably high levels of both amphetamine and methamphetamine in his system.”

When Nelson encountered Obet, mere minutes after his attempted violent attacks, police said, Obet had already stopped another car in the middle of the street, then tried to open the door and break the window by stabbing at it with a knife.

“Nelson exited his marked patrol car and released his K9 partner, Koen,” police said. “While the dog did bite Mr. Obet, the bite did not stop Mr. Obet’s attack. Officer Nelson gave Mr. Obet several commands to stop and drop the knife. Mr. Obet, still armed with the knife, refused Officer Nelson’s commands and instead turned to face Officer Nelson. Officer Nelson fired his weapon once, striking Mr. Obet in the upper chest and shoulder.

“While the shot caused Mr. Obet to fall to the ground, it did not disable him,” police said. “Mr. Obet, still fighting the K9, started to get up off the ground. Officer Nelson shared in his post-incident statement to the Valley Independent Investigative Team that he was fearful that if Mr. Obet got back on his feet, Mr. Obet could stab him with the knife, or injure or kill the driver. Officer Nelson shot a second time and this stopped Mr. Obet’s attack. The claim of the Loevy & Loevy lawyers that Mr. Obet ‘posed no threat’ is simply not true.”

Rather than seeing contradictions in Nelson’s own account of the incident, the family said, the city stood behind him and defended him.

“As a community,” the family concluded, “we must continue to push for accountability and transparency when it comes to police officers who kill community members, like Isaiah and Jesse, and we urge the City of Auburn to stop fighting the inquest process. We urge the City of Auburn to stop fighting transparency. We urge the City of Auburn to stop opposing the inquest as an important mechanism for accountability and to allow the public to learn what happened when Jeff Nelson killed Isaiah Obet.”
 

Politic Negro

Rising Star
BGOL Investor
City of Racine settles for $270,000 years after police killed three dogs

It was the morning of April 28, 2015. As Melissa Hernandez remembers that morning, she woke up, checked on her three sleeping elementary-aged children, went near her front door where one of her two dogs was sleeping on his dog bed. She gave the dog a kiss on the head and went into the bathroom to get ready for work.
The next thing she heard was a gunshot.
Hernandez said she and her other dog went to the front door to see what was happening. According to the complaint, Racine SWAT Detective Joe Villalobos had shot her first dog and then immediately shot the second dog.
Both dogs died.
That was more than five years ago. Last month, a $270,000 settlement was approved by the Racine City Council in response to two separate incidents where Racine Police killed dogs, including Hernandez’s case.
The settlement was discussed in closed session last month and approved without public discussion.

The Journal Times submitted a records request for a copy of the settlement regarding Hernandez’s case and the case of Kurt Hanson, and any complaints filed on their behalf. A response to that request was received Wednesday.
The complaint was sent to the city by attorneys Jeff Scott Olson and Andrea J. Farrell on behalf of Hernandez and Hanson, but was never filed in court due to the settlement. Farrell told The Journal Times in an email that both cases were included because, “they had claims that arose from the same practice/policy of the Racine PD.”

There is no personal connection between Hanson and Hernandez laid out in the claim, but they both know what it’s like to have a beloved family pet killed by law enforcement.
The complaint alleges that the Police Department changed its policies under the leadership of Police Chief Art Howell, leading to the deaths of those beloved canines.
Howell, in a statement to The Journal Times, vehemently denied that any policy changes leading to increased force against animals were put in place since he became chief. He added, regarding the lawsuit, that “any communication that asserts that Racine Police Department practices or policies initiated under my administration were unconstitutional, is not only false, but libelous in nature.”

Two incidents
Hanson’s case was profiled in The Journal Times in 2014 when SWAT officers shot his dog, Angel, after a long standoff in front of his home on Nov. 1, 2014.
Police had claimed that Hanson had ordered his dog to attack police, who were positioned behind an armored vehicle parked near his front yard, during a standoff that started when Hanson reportedly threatened a neighbor with a machete. But a video of the incident surfaced which showed Angel was walking away, wagging its tail, when it was shot and killed.


Hernandez’s case, however, had not been previously reported. Her story, about kissing the dog moments before it was killed, was detailed in the complaint that The Journal Times received via open records request.

Change in policy alleged
The complaint claimed that the shooting of dogs was excused under the leadership of Howell, who became police chief after Kurt Wahlen retired in 2012.
In 2011, SWAT officers encountered at least five dogs in tactical situations and did not harm any of them. The complaint alleged that under Howell, “Racine operated under an unconstitutional working policy and practice with respect to use of force against pet dogs.”


From 2012 to 2016, Racine Police shot and killed 13 dogs during 22 encounters during tactical incidents, according to police records. Five of those dogs were killed in 2012, a year when Racine SWAT encountered eight dogs in tactical situations.
In 2014, Racine SWAT encountered five dogs in tactical situations and killed four of them. In 2015, they encountered three dogs and killed two.
In Viilo v. Eyre, a lawsuit over a 2008 incident where a Milwaukee Police Officer killed a dog, the U.S. Court of Appeals for the Seventh Circuit stated, “Both common sense, and indeed Wisconsin law ... (indicate that) the use of deadly force against a household pet is reasonable only if the pet poses an immediate danger and the use of force is unavoidable.”

The Racine complaint alleged that, while incidents with dogs are rarely lethal for the officer and more incidents with Racine Police were becoming lethal for the dogs, the department did not conduct training on non-lethal means of controlling family pets.
“Yet Racine, through its policymaker Chief Howell, explicitly permitted and encouraged Racine SWAT officers who were entering a home to shoot a pet dog, even when the dog was NOT posing an immediate danger, and even when the lesser levels of force would have been sufficient,” the complaint read.
Police chief responds
Howell told The Journal Times that, other than the introduction of civilian animal control officers in 2013, no policies regarding animals or use of force were developed or introduced under his administration.

“The assertion that such policies or practices were unconstitutional, and that such non-existent policies ‘explicitly permitted and encouraged’ officer misconduct can be quickly discredited upon review of the facts,” he said.

Howell argued the policies created alongside the introduction of animal control officers has reduced the number of occasions where lethal force is used against an animal.
“As it relates to the use of force during the execution of search warrants, a formal threat matrix is used to determine when the S.W.A.T. team may be used to execute high-risk warrants,” Howell wrote. “Similar to all existing policies relating to the use of force, the threat matrix system was introduced prior to my appointment. This system was put in place to assess the threat level when the target of search warrants involved weapons, drugs, or dangerous felons.”

The decision to settle the case falls under City Attorney Scott Letteney’s authority, not Howell’s.
“However,” Howell wrote, “the decision to hold attorneys and others accountable for making false and libelous statements is a remedy option I retain outside of the scope of my authority as a city department head.”
Sugar settlement

Hanson and Hernandez are not the first to receive a settlement due to those killings.
In 2018, Sara and Joseph Harmon sued the department for the killing of their bulldog named Sugar. When Racine police SWAT executed a no-knock warrant in 2016, Sugar ran into a bedroom to hide. Racine Police Sgt. Ryan Comstock shot the dog five times after she appeared behind the bed and advanced toward him.

The Harmons sued the City of Racine and four Racine police officers in federal court and received a $10,000 settlement, approved by the City Council in December 2018. Then-Alderman Sandy Weidner, who had represented the 6th Aldermanic District, had voted against the settlement because she was concerned it would open the city up for more such litigation.
That search warrant was issued as part of an investigation into a shots-fired incident weeks earlier, although the search netted no evidence of illegal activity and no arrests were made.
 

Politic Negro

Rising Star
BGOL Investor
Record-setting LV police settlement for 2017 death finalized

Updated July 27, 2020 - 10:06 pm
Officials on Monday approved a $2.2 million settlement in the death of a man who was killed after a struggle with a Metropolitan Police Department officer, the largest settlement in the department’s history.


Members of the Metropolitan Police Committee on Fiscal Affairs unanimously approved the settlement of a federal lawsuit filed on behalf of the children of Tashii Brown. Brown died in May 2017 after an encounter with then-Metro officer Kenneth Lopera.

Committee members approved a payment of nearly $930,000. The rest of the $2.2 million settlement will be covered by insurance.
The department came to the settlement agreement in Brown’s case this month after going to mediation. The lawsuit accused Metro of gross negligence and excessive force. Lopera was also a defendant in the case.

Following the vote Monday, Metro released a statement: “The death of (Tashii Brown) in 2017 was a tragic event. This mutually agreed upon settlement between the LVMPD and the children of Mr. (Brown) and his estate, will hopefully bring some measure of closure. The LVMPD has always held the position that the death of Mr. (Brown) rose to the criminal level.
charges with the Clark County District Attorney’s Office. After this event, restrictions were put on the use of neck restraints and training was reinforced on the duty to intervene. Under LVMPD policy, neck restraints can only be used when deadly force would be authorized. While there are still other legal matters pending, this is an important step toward justice in this case.

“LVMPD apologizes to the family of (Tashii Brown) and the Las Vegas community. This incident does not represent the policies or values of the Las Vegas Metropolitan Police Department.”

Brown had approached Lopera and his partner inside a Strip casino and said he was being chased, then took off running. Lopera ran after Brown and stunned him with a Taser seven times, punched him repeatedly and placed him in what Lopera described as a rear naked choke. The rear naked choke is not taught or approved by Metro, but it is similar to a department-approved neck hold called the lateral vascular neck restraint.

Metro does not allow any neck hold that restricts breathing.
Lopera thought Brown was trying to steal a truck, according to police.

The former officer’s criminal case was later referred to a grand jury, which opted not to indict him. His case was ultimately dropped.
Had Brown survived, he would not have faced any criminal charges, police have said.


A separate lawsuit filed on behalf of Brown’s mother, Trinita Farmer, is pending in federal court.
 

Politic Negro

Rising Star
BGOL Investor
Portland pays nearly $1 million to family of Lane Martin, man with mental illness police shot

Portland police officer Gary Doran shot Martin nine times on July 30, 2019, killing him. A grand jury cleared Doran of charges.


The city of Portland will pay nearly $1 million to the family of Lane Martin, a 31-year-old Portland State University student Portland police shot and killed last summer.
On Wednesday, the City Council unanimously approved a $975,000 settlement to Martin’s estate. Portland police officer Gary Doran shot Martin nine times on July 30, 2019. A grand jury cleared him of charges.
According to Dan Handelman, whose watchdog group Portland Copwatch tracks police settlements, it is among the city’s top four payouts for use of deadly force by Portland police.

The family of James Chasse Jr., who died after being tackled and tasered by police in 2006, received a $1.6 million settlement from the city. The family of Aaron Campbell, whom police fatally shot as he walked out of his apartment building with his hands behind his head, received $1.2 million. A record $2.3 million went to William Monroe, at whom an officer mistakenly fired with lethal rounds from a beanbag shotgun, disabling Monroe; it was the largest police settlement in Portland’s history.

All four men were believed to have mental illnesses. The 911 caller for Campbell told dispatch Campbell was suicidal. Monroe had been diagnosed with bipolar disorder and Chasse with schizophrenia. Martin’s family has said Lane suffered from a mental illness illness, possibly bipolar disorder.

Martin’s family intends to put a portion of the money to a scholarship fund at the College of the Arts at PSU where Martin was a student, according to the family’s attorney,

“No amount of money can ever bring Lane back. However, Lane’s family is hopeful that this settlement sends a message to the Portland Police Bureau that they must do better when dealing with people in crisis,” Merrithew said in an emailed statement. “The family is looking forward to moving past the focus on his death to focusing on his life and helping to create a lasting legacy of that life.”

Before casting her yes-vote, Comissioner Amanda Fritz made a call for more assistance from the state to pay for services that could assist people with mental illnesses.

“We do need to continue to put pressure on legislature to adequeately fund mental health services within the community because people should have resources they need to not get into such crisis,” she said.

Martin’s family filed a lawsuit against the city last fall on the same day a jury declined to indict the police officer who shot him. The suit alleged Portland police officers responded to a man in the throes of a mental health crisis with excessive force.

“At the time he was killed by Officer Doran, Lane Martin was in the midst of a mental health crisis,” the suit reads. “He was delusional and paranoid. PPB’s response to these mental health symptoms exacerbated his paranoia and precipitated his flight.”

Police officers were dispatched that day to reports that Martin was armed with a hatchet and a knife. According to transcripts from the grand jury, more than 20 police officers followed as Martin moved from a parking lot to a MAX station, and finally to the courtyard of an apartment building in East Portland where Doran shot him.

Doran said Martin had put his hand into his right pocket and Doran believed Martin was reaching for a folding knife. He testified that he did not recall if the blade was open or closed. Doran fired 11 or 12 bullets, nine of which hit Martin.

In the weeks before the shooting, Martin had been placed on a 72-hour mental health hold at Portland’s psychiatric emergency room.

An investigation by the U.S. Department of Justice found that Portland police officers routinely responded to people experiencing a mental health crisis with excessive force. The resulting 2014 settlement agreement between the city and DOJ was intended to guide the needed changes within the bureau. Earlier this year, DOJ officials told the city they believed the Portland police had met all the terms laid out in the 77-page agreement.

This summer, The Oregonian reported that half of fatal shootings by Portland police involved people with a mental illness.
 

Politic Negro

Rising Star
BGOL Investor
Vallejo Agrees to Pay Carl Edwards $750,000 for Brutal Beating by Police Officers
November 20, 2020 (From a Law Firm)

OAKLAND, Calif., Nov. 20, 2020 (GLOBE NEWSWIRE) -- Civil rights law firm Haddad & Sherwin LLP announced today that their client, Carl Edwards, has reached a $750,000 settlement with the City of Vallejo and its police officers Spencer Muniz-Bottomley, Mark Thompson, Bret Wagoner, and Lieutenant Steve Darden. The civil rights lawsuit stemmed from a video-recorded incident on July 30, 2017, where these officers severely beat, choked, and injured Carl Edwards while he was peacefully fixing a fence on the front porch of his own house.
The Vallejo Police Department (VPD) currently is under review by the California Department of Justice for its pattern of questionable and unlawful police shootings and force incidents. The San Francisco Chronicle recently detailed the VPD’s long history of aggressive detentions and attacks against people not committing crimes and for escalating minor infractions into violent encounters. As a result, 60 excessive force claims were filed against VPD officers between 2014 and 2019, a staggering amount in a city with a population of only 122,000. The VPD also has come under fire for permitting a culture where many officers allegedly bent the tips of their badges and celebrated with barbecues to commemorate when they killed someone. Two of the officers sued here, Mark Thompson and Steve Darden, were implicated in the badge bending scandal. Darden was promoted to Lieutenant in
February 2020. Bottomley is now a Sonoma County sheriff’s deputy.



The incident with Carl Edwards started with a neighbor’s 911 call that a man in black jeans and a white tank top was shooting rocks from a slingshot at her boys. Officers Thompson and Wagoner arrived first and were told by the caller that Carl, who was working on his fence at the time, was not the suspect. They radioed Officer Bottomley to “go contact the guy across the street, brown pants, gray shirt,” describing Carl, wearing different clothes than the suspect. Officer Bottomley’s body camera captured him approaching Carl on Carl’s front porch, while Carl stood passively. Without any provocation, Bottomley put Carl into a carotid hold, causing Carl to briefly pass out. Carl woke up on the ground with Bottomley pummeling him. Officers Thompson and Wagoner quickly joined in.

Wagoner used a second carotid hold on Carl while other officers beat him. Steve Darden, a sergeant at that time, arrived and punched Carl several times while other officers held him down.

An eyewitness, Paul Ghandi, stood across the street and made a cell phone video of incident, because he thought the officers were going to kill Edwards. Mr. Ghandi testified officers beat Carl like he was “a hard core criminal.” Carl ended up handcuffed, with his face covered in his own blood, as Officer Bottomley knelt on his neck.

Afterward, Officers Thompson and Wagoner solicited the two boys who were the victims in the original slingshot call – one ten years old and the other with severe developmental disabilities – to vaguely describe Carl as the suspect, while their mother protested that it was someone else. Officer Bottomley had Carl charged with multiple felonies, claiming he assaulted the children as well as officers. After fourteen months, all charges were dismissed for “lack of sufficient evidence.”

Carl Edwards sustained a fractured nose, multiple lacerations and contusions, and injury to his shoulder. The incident has caused Carl to decide to move away from Vallejo.
 

Politic Negro

Rising Star
BGOL Investor
Police settlement

City Council authorized a settlement of $125,000 — with approximately $43,395 for Medicaid and $81,605 for Pike Township resident Adam Balzer.

Council approval is required for any payment greater than $50,000. Assistant Law Director Vivianne Duffrin said the case was previously discussed in executive session when summarizing the payment for council.

According to a lawsuit filed with the U.S. District Court for the Northern District of Ohio, Balzer stated that Canton police used “excessive and reckless“ force by using a K9 to arrest him when he was having a mental breakdown in 2017.

The complaint from Balzer, who is white, stated that this leg was “chewed to the bone” and permanently injured. He was arrested on charges of resisting arrest and disorderly conduct and later found not guilty by reason of insanity.

The city, in its response to the original complaint, stated that the “detention, arrest, and prosecution were based on probable cause and defendants acted in good faith at all times.”
 

Politic Negro

Rising Star
BGOL Investor
Unarmed man shot by police officer in front of his kids gets $450K settlement
Updated 8:11 AM

An unarmed Paterson man who was shot and wounded by a police officer and later filed a $30 million lawsuit against the city will receive a settlement of $450,000, officials said Friday.

Larry Bouie, now 46, was shot once in the stomach on Oct. 29, 2016 as he ran toward Paterson Police Officer Haydee Santana “while screaming and flailing his arms,” Passaic County Prosecutor Camelia M. Valdes said following an investigation and court hearing.

Bouie’s lawsuit, filed in U.S. District Court in 2017, claimed the shooting was unprovoked.

The shooting occurred while Bouie was with his two children, who witnessed the incident. Bouie was hospitalized and later underwent skin grafts, two life-saving surgeries, physical therapy and requires ongoing treatment, according to the suit.

The suit alleged that another police officer stood by passively when Bouie was shot and that neither officer assisted Bouie with his injuries.

In a public statement on Jan. 10, 2018, the prosecutor’s office announced that a Passaic County grand jury found the officer’s use of non-fatal force was justified.

“Officer Santana described (Bouie) as making eye contact with her and running at her like a football player making a tackle,” Valdes said, adding that Santana was forced to back up to her vehicle.

“Some witnesses either heard or saw Officer Santana make attempts to stop Mr. Bouie. Officer Santana fired once (while) Mr. Bouie was several feet from her,” Valdes said.

Valdes said several witnesses saw Bouie throwing dirt from planters outside the police department with his pants down around his knees before he was shot.

“Multiple witnesses described erratic behavior (including) mumbling, shouting in incoherently, throwing himself on the ground, striking the ground with his fists,” running into traffic and yelling at pedestrians, the prosecutor said at the time.

Paterson Mayor Andre Sayegh said Friday the city council this week voted to settle Bouie’s case for $450,000. He declined to comment further.

City Councilman Luis Velez voted against settling the case. In an interview with NorthJersey.com, Velez said he didn’t think the officer did anything wrong.

Santana, who had been a police officer for two decades, was forced to retire after the shooting, according to NorthJersey.com.
 

Politic Negro

Rising Star
BGOL Investor


Pittsburgh police officers who fatally shot Larimer homeowner return to job

Two Pittsburgh police officers who shot and killed a Larimer homeowner 10 days ago returned to work Tuesday even as the investigation into the shooting continues.
The Zone 5 officers accidentally shot Christopher Thompkins, 57, while they responded to a burglary call at Thompkins' home on Finley Street, officials have said. The officers said someone in the home began shooting and they returned fire, killing Thompkins.
The officers — police have declined to identify them — had been on administrative leave since the Jan. 22 incident.
Officials said last week they have interviewed the officers, and they are reviewing video and audio recordings of the shooting, including video from a camera on Thompkins' front porch.

All evidence will be turned over to the Allegheny County District Attorney's Office, which makes the final decision on criminal charges, officials said.
The officers arrived at Thompkins' home shortly before 4 a.m. after receiving a report of a break-in. They reported hearing shots and seeing a man walking downstairs toward the front door, where they were standing. They said the man was firing in their direction.
Brenda Thompkins told the Tribune-Review that her ex-husband (the two had reunited) was shooting at the intruder.
Brian Jeter-Clark, 23, was later arrested and charged with criminal trespass. Thompkins was pronounced dead at the scene.
 

Politic Negro

Rising Star
BGOL Investor
California city to pay $2M to 5 protesters injured by police



SANTA ROSA, Calif. (AP) — A Northern California city will pay nearly $2 million to settle lawsuits filed on behalf of five people injured while protesting against the police killing of George Floyd.
Santa Rosa city officials approved the settlement — the largest in the city's history involving a civil rights lawsuit — last month after learning details about the lawsuit and watching video from officers' body-worn cameras, the Santa Rosa Press-Democrat reported Friday.
“I think (the community) will see that the city is trying to own up to what they didn’t do well,” Chris Rogers, mayor of the city of 180,000, said of the settlement. “Now it’s time to have a conversation about policy reforms.”

The injuries occurred in the first few days after Floyd was killed last May by former Minneapolis police officer Derek Chauvin, who was convicted last month of murder and manslaughter charges.

Marqus Martinez and Michaela Staggs said in the lawsuit that they were protesting peacefully and filming police when officers fired non-lethal projectiles at them. Staggs was struck just over her left eye, leaving a wound that required several stitches to close. Martinez underwent several facial surgeries as a result of his injuries.

Three other plaintiffs later joined the lawsuit.
A report reviewing how the city's police department responded to the first wave of protests criticized officers' use of non-lethal projectiles, one of which struck a protester in the groin, severely injuring him. That protester settled a different lawsuit with the city for $200,000.
“There were no defined rules of engagement; officers were left to their own individual subjective determinations of when to engage civilians with force, which is wildly unconstitutional,” said Izaak Schwaiger, an attorney representing the five people who sued.
Police Chief Rainer Navarro declined to comment about the settlement. He acknowledged his department made mistakes in its response to the protests.“Did we make errors? Yes, we did,” Navarro said. “But we have committed to correcting everything we can to ensure that those don't happen again. We are committed to this process.”

“Did we make errors? Yes, we did,” Navarro said. “But we have committed to correcting everything we can to ensure that those don't happen again. We are committed to this process.”
 

Politic Negro

Rising Star
BGOL Investor
City Pays $365,000 To Motorist In Crash With HPD
0
Police initially said the driver hit the police car. But witnesses disputed that.
18736178_G.jpeg
When a Honolulu police vehicle collided with another vehicle in Nanakuli in 2019 – causing the shutdown of Farrington Highway and sending the civilian driver to the hospital – the police department blamed the civilian.

A year and a half later, the Honolulu Police Department still hasn’t admitted any guilt. But the city has quietly agreed to pay the civilian driver, Kekoa Andrade, a $365,000 settlement.

According to HPD’s account of the incident from 2019, the officer was driving west on Farrington Highway to a call for service with his blue light on and siren blaring “while waiting at the intersection to make a U-turn.”

“The male civilian driver was driving mauka to makai and struck the officer’s vehicle,” HPD said.

But a witness cast doubt on HPD’s narrative on Facebook soon after the crash, the Honolulu Star-Advertiser reported at the time.

“We could hear faint sirens, but we couldn’t tell where it was coming from. As the driver tried to pull out on to the road, the cop full on slammed into the Civic,” the post, as reviewed by the Advertiser, stated.

“The cop didn’t slow down to even check if someone was turning out. He was speeding at a rate to where his car almost did a full 360 turn.”

The officer involved in the crash has been with HPD for 10 years, according to the department. Courtesy: Andria Tupola/Hawaii News Now
Photos of the collision shared by news media show the Honda Civic was essentially totaled and the HPD cruiser had serious front-end damage.
The crash fractured Andrade’s hip and pelvis, which required surgery to repair, according to copies of his claim and settlement obtained by Civil Beat through a public records request.
The payment is meant to compensate him for pain and suffering, mental and emotional distress and other damages, the settlement states.
HPD declined to name the officer. Spokeswoman Sarah Yoro said the officer has 10 years of service with HPD and that he was disciplined but is appealing the punishment through the grievance process.
Stuart Kodish, a personal injury attorney representing Andrade, declined to comment about the case on Thursday.
The Honolulu City Council approved the settlement of Andrade’s claim at a meeting last month after discussing the matter at the committee level, behind closed doors in executive session.
As with all settlements of lawsuits and legal claims, the agenda provided no description of Andrade’s claim, and council members did not publicly discuss it.
 

Politic Negro

Rising Star
BGOL Investor
HOUSTON (CN) — A Texas county has agreed to pay a $4.75 million settlement to the parents of a man who died in 2010 after a deputy constable placed his boot over his mouth while he was lying unresponsive on the ground.
ratio3x2_1150.jpg

Jamail Joseph Amron, a 23-year-old Black and Iranian man, had trouble breathing after he took a small amount of cocaine on Sept. 30, 2010, at an apartment complex in Spring, a northern Houston suburb.

He called 911 and walked to a Burger King. Its manager gave him a cup of water.

Several Harris County deputy constables and paramedics arrived. And though Amron was sitting on a curb calmly drinking his water, one of the deputies handcuffed him and dragged him to an ambulance.

He broke away and ran toward the restaurant. Four officers tackled him, held him down and had paramedics inject a sedative into him, the restaurant’s manager Cindy Lansdale testified in a deposition. Commonly called officers and police, Texas constables and their deputies serve legal papers and are bailiffs in courtrooms. They also patrol neighborhoods and investigate crimes.

Amron’s body went slack and as he lied supine on the ground Deputy Constable Kevin Vailes put his boot over his nose and mouth. Lansdale estimated Vailes held his boot on Amron’s face for two to five minutes.

After 15 minutes in which no medics or officers checked Amron’s vital signs, Lansdale said, he was loaded onto an ambulance and taken away. Officers then marked the scene with yellow tape and Lansdale testified one of them told her Amron had died.

In September 2012, his parents Barbara Coats and Ali Amron sued Harris County, the Harris County Constable’s Office Precinct 4, seven of its officers, Cypress Creek Emergency Medical Services and three of its paramedics for excessive force, false arrest, unreasonable search and seizure, denial of medical treatment, failure to intervene and civil rights violations.

Amron’s parents were awarded $11 million in 2017 after a jury in the county seat Houston found Vailes liable for his death, and Harris County at fault for not barring deputies from placing their feet on people in their custody.

But a state appeals court reduced the award to $1 million in February 2020 and deemed Vailes alone responsible for paying it. Vailes, who still works for the constable’s office, found a way to avoid paying the judgment: he declared bankruptcy and got it discharged.

With appeals from Amron’s parents still pending, Harris County Attorney Christian Menefee, the first Black person elected as the county’s chief lawyer, announced late last month he had taken the advice of his staff attorneys, who recommended settling the case after evaluating the facts of the incident, the legal issues and the history of the case.

“After nearly a decade in the courts, I am glad this lawsuit—which I inherited from my predecessor—has come to a close,” Menefee told the Houston Chronicle.



Despite the settlement, Amron’s father told the Chronicle it brings him no comfort because no money can bring back his son.

“We don’t even think about the money. It does not help me get justice,” said Ali Amron, who has vowed to keep fighting for an official investigation.

Amron’s autopsy says he died of cocaine poisoning. But an expert hired by his family found he’d suffocated as there was little cocaine in his system.

Amron, who would have turned 35 in February, had a lot going for him. He managed a restaurant and was pursuing an engineering degree at a junior college. He loved to play soccer, a passion he shared with his dad. “He also enjoyed church, family gatherings, holidays, taking pictures, joking around, doing flips and especially eating his mom’s wonderful cooking,” his obituary states.
 
Last edited:

Politic Negro

Rising Star
BGOL Investor
SAN DIEGO — The San Diego City Council approved a settlement under which the city will pay former Chargers player Michael Lee $1.35 million for career-ending injuries he suffered when he was arrested while waiting for his ride outside of a nightclub in 2017.
i

 

Politic Negro

Rising Star
BGOL Investor
San Francisco Settles Suit Over Fatal Police Shooting of Man Who Cursed at Cops



SAN FRANCICSCO (CN) — The city of San Francisco has reached a settlement in a lawsuit over the 2017 police shooting of an unarmed Black man who cursed at officers on his front porch less than two months before a civil rights trial was set to begin.
The lawsuit claims two police officers violated San Francisco resident Sean Moore’s free speech rights and failed to recognize he was suffering from a mental illness when they ignored his demands to get off his front steps, ordered him to come outside and used lethal force against him.
Moore died in prison last year while serving time for unrelated offenses. An autopsy found his death partly resulted from a gunshot wound to his abdomen. His parents replaced him as plaintiffs in the lawsuit.
The settlement was announced in a notice filed with the court Tuesday morning requesting that the judge vacate trial dates in light of the tentative agreement. Jury selection had been scheduled to start June 21.
The dollar amount of the settlement has not been disclosed, but it will be made public when it comes before the San Francisco Board of Supervisors for a vote in the coming weeks.
The incident that sparked the lawsuit occurred on Jan. 6, 2017, when San Francisco police officers Kenneth Cha and Colin Patino showed up at Moore’s Oceanview neighborhood home at around 4 a.m. to investigate a report that he had violated a court order to stop harassing his neighbor.
Moore was accused of banging on a wall that separated his and his neighbor’s homes. When officers climbed a stairway and arrived at Moore’s front gate, Moore stepped on his porch behind an iron gate and told them to “get the fuck off my stairs.”
The officers went up and down the steps three separate times as the altercation escalated. They told Moore to come outside, and when he did, they deployed pepper spray and struck him with a baton. Moore responded by punching Patino, breaking his nose and kicking Cha down the steps before Cha took out his gun and shot the unarmed man twice in the stomach. The incident was captured by police body camera video.
In December, U.S. District Judge Susan Illston denied dueling motions for summary judgment in the case, finding that a jury should decide if the two officers were lawfully performing their duties when they assaulted Moore and if they are therefore entitled to qualified immunity.
Moore was charged with assaulting the two officers, but those charges were dropped after a First Appellate District panel ruled in 2018 that Cha and Patino were not lawfully performing their duties when they attacked Moore on his front porch.
In that decision, the court found the officers’ “refusal to leave Moore’s home when he repeatedly demanded that they do so” transformed their attempt at a “consensual encounter” to investigate a potential crime into an unlawful detention. Because they never witnessed Moore violate the restraining order, the officers had no probable cause to detain or arrest him, the court concluded.
The state appeals court also clarified that its finding does not mean all of the officers’ subsequent actions were unlawful if they were legitimately responding to illegal behavior or physical threats by Moore.
Moore’s lawsuit also accuses the officers of free speech retaliation, claiming they assaulted him because of his aggressive speech and curse words directed at officers. The suit additionally accuses police of violating the Americans with Disabilities Act by failing to recognize that Moore was suffering from a mental illness, schizophrenia, and adjust their tactics accordingly. The city has disputed those claims.
San Francisco City Attorney Dennis Herrera’s office and attorneys for Moore’s parents, Loyce Amos Moore and Celo Davis Moore, did not immediately return emails and phone calls requesting comment Tuesday.
The Moores are represented by Adante Pointer and Patrick Buelna.
After the 2017 police shooting, Moore was imprisoned in 2018 for assaulting two kids at a park with a hate crime enhancement. He received another three-year sentence in 2019 for making death threats by phone against a female civilian employee at San Francisco’s Taraval police station.
San Francisco District Attorney Chesa Boudin’s office, which has filed charges against police officers in three separate cases, has yet to decide whether to prosecute Cha or Patino for their use of force against Moore.
Boudin’s office did not immediately respond to a request for information on the status of the Moore shooting probe, which is handled by its Independent Investigations Bureau.
 

Politic Negro

Rising Star
BGOL Investor
Long Beach approves $325,000 for family of man who died in police custody

The family of a man who died in Long Beach Police Department custody after being hit with a stun gun will likely receive a $325,000 settlement from the city.

The Long Beach City Council voted in favor of the sum at its Tuesday, May 4, meeting, though the agreement must still be approved by a judge.

The settlement stems from the Nov. 11, 2018, death of Alan Ramos, 25, in the Long Beach City Jail. The previous day, police responded to a call about a family disturbance and arrested Ramos, who was suspected of being on meth at the time, according to court documents. On Nov. 11, officers used a Taser on Ramos and then held him in a prone position because of a fight with another inmate, according to a legal complaint. He later died.

The city, though, denied any wrongdoing and argued that “all actions were lawful, justified, reasonable, and done in good faith,” according to a court filing from March of this year.

Long Beach officials also sought to dismiss some of the lawsuit’s allegations, including those of inadequate training, on the basis of insufficient evidence. Judge Dean Pregerson sided with the city in those requests, noting that much of the information the attorneys for Ramos’ family provided was either insufficient or irrelevant.

In March, both sides met with a mediator and later agreed to a proposed settlement.
 

Politic Negro

Rising Star
BGOL Investor
Four lawsuits tied to Buffalo police to cost city $215,000

The City of Buffalo is expected to pay $215,000 to settle four lawsuits related to police activity, including a payment to a man shot by police in 2010.
The settlements include:
• $150,000 to Tremel Stone, who was shot by an officer when he fled during a 2010 arrest.
• $30,000 to Rodriguez Howard, who was injured in an automobile accident with a police vehicle in 2018.
• $20,000 to Sabriena Chiles, who said her civil and constitutional rights were violated when she was unlawfully arrested and imprisoned in 2016. One of the officers involved in the arrest was also involved in two other high-profile
incidents, including one that led to a $4.5 million settlement last year.

• $15,000 to Raymond Walker over a 2018 traffic stop.

The payouts are part of 13 personal injury and general litigation settlements totaling $300,000 that the city’s Law Department presented Tuesday to the Common Council’s Claims Committee. The Council is expected to approve the settlements next Tuesday.
University Council Member Rasheed N.C. Wyatt said the settlements show why the city needs a civilian review board to investigate allegations of police misconduct.

"We had an individual who cost the city $4.5 million," Wyatt said. "How do we continue to have officers who are costing the city money on the payroll?"

Wyatt said a civilian review board would "send a message to those officers who decide not to follow police policy that they should not be on the force."
The push to establish a civilian review board has been supported by groups such as the Partnership for Public Good and the Common Council’s Police Advisory Board, which called for creating such a board nearly a year ago.

The police union – the Buffalo Police Benevolent Association – opposes a civilian review board with independent power.
The New York State Attorney General's Office has said Buffalo can take steps now to establish such a board, which would hold final disciplinary authority over officers and subpoena power.

But Masten Council Member Ulysees O. Wingo Sr. said the Council should be looking elsewhere.

"We should be focusing our energy and efforts on reforming the police union contract, on things such as permanent police residency, officer accountability, disciplining police and enhanced police training," Wingo said.

The police union president, John T. Evans, has said the union is against such a board, saying there already exist multiple entities that handle complaints of police misconduct, including the Buffalo Police Department’s Internal Affairs Division, the Erie County District Attorney’s Office, the State Attorney General’s Office and the FBI.


$150,000 would settle lawsuit over shooting
The largest payout, $150,000, is earmarked for Stone to settle his lawsuit against the city and police stemming from a 2010 arrest in which he was shot by an officer.
Stone was shot while being arrested after he ran from two officers, Ron Ammerman and Wendy Collier, according to court documents. The incident
happened June 28, 2010, said his lawyer, Jeanne M. Vinal.
Stone also alleged that Ammerman planted a gun. Collier also was involved in the planting of evidence, the documents claimed.

$30,000 settlement follows SUV collision
The $30,000 for Howard is related to an automobile accident involving a Buffalo Police Department SUV at the intersection of Delaware Avenue and West Huron in June 2018. The police vehicle was responding to a call with emergency lights on when the vehicle went through the intersection and collided with Howard's car. Howard suffered a fractured fibula in the accident, said Fillmore Council Member Mitchell P. Nowakowski, Claims Committee chairman.

$20,000 for claim for unlawful arrest
A proposed payment of $20,000 would settle a 2017 lawsuit brought by a woman who alleged she was unlawfully arrested while walking to a corner store in August 2016.

Chiles said she was crossing the street at the corner of East Lovejoy and Longnecker when several Buffalo police vehicles pulled in front of a home. According to the lawsuit, she waved to a neighbor on the porch of the home and continued walking toward the store, when she was asked by an unnamed officer, "Who lives here?" Chiles said she responded, “Not me,” and continued walking to the store. An officer then pushed her against a truck and placed her in handcuffs.

She was arrested for disorderly conduct. The charge was dismissed after several months, but she was unable to return to her job with Erie County for more than two months while the criminal charges were pending, the documents said.

Chiles also filed a complaint with the police department’s Internal Affairs Unit, but she has not received a response from the city or the Buffalo Police Department about the Internal Affairs investigation, she said.

One of the officers involved in the arrest, Karl Schultz, has been involved in two other high-profile police incidents, including a 2012 shooting that left a teenager paralyzed and led to a $4.5 million city settlement last year.

A grand jury cleared Schultz and his partner at the time, Jason R. Whitenight, agreeing they fired in self-defense as the teenager backed the van he was driving toward Whitenight at the end of a high-speed chase.

$15,000 settlement tied to 2018 traffic stop
The $15,000 for Walker is to avoid going to trial over a December 2018 traffic stop when an officer pulled over a vehicle driven by Walker for allegedly crossing the double yellow line without signaling, Nowakowski said. Walker ultimately was issued a ticket that was later reduced. No additional information was available, Nowakowski said.

 

Politic Negro

Rising Star
BGOL Investor
Excessive force lawsuit filed against Loveland police settled for $290K

An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000.

Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe and Benjamin DeLima, Det. Clint Schnorr and Sgt. Brian Bartnes.

The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019.

Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit.



"It is long-established that a citizen cannot be charged with obstruction (or any crime) for merely refusing to answer police questioning," Sowl's attorney Sarah Schielke said in a news release at the time the lawsuit was filed in June 2020.

Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorney's Office dismissed the charges, according to the lawsuit.

The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release from Schielke.

The case was settled for $290,000, City Attorney Moses Garcia said.

"The settlement ends the continuation of lengthy and expensive litigation, and resolution is deemed to be in the best interest of all parties," Schielke said in the release.

Schielke and Sowl were not able to answer any additional questions about the settlement due to the agreement with Loveland, according to the news release. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon.

According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case
 

Politic Negro

Rising Star
BGOL Investor
Mediation calls for $510,000 settlement in Saginaw police shooting death case
Two officers shot Zane Blaisdell after he stabbed a police K-9 during a domestic disturbance and standoff

SAGINAW, Mich. (WJRT) - There is a tentative settlement in a deadly Saginaw police shooting, where a K-9 was stabbed.

The Saginaw City Council and a federal judge have to approve the agreement, but it appears it will be worth more than a half a million dollars.

Zane Blaisdell, 48, was shot in his home on the morning of Feb. 9, 2020, following a domestic disturbance.

Saginaw police arrived at Blaisdell’s home, where he was holding his partner captive for a time. Blaisdell had a knife, but the partner was able to escape with police help.

Police continued to try and talk Blaisdell out of the home, but eventually the police K-9 Deebo went into the house. Deebo found Blaisdell and bit him and Blaisdell stabbed the dog in the head.

Two police officers shot Blaisdell a combined 12 times and he died. Deebo was badly injured, but recovered and returned to duty.

The Saginaw County Prosecutor’s Office ruled the shooting was justified and declined to issue any criminal charges against the officers.

A wrongful death lawsuit was filed in federal court against the officers involved and the city of Saginaw by Mia Blaisdell, Zane’s aunt and only known relative. Her attorneys claimed police knew Blaisdell had a history of mental illness and should never have sent the K-9 into the home.

Court documents indicate a tentative settlement has been reached for $510,000 through a facilitative mediation. The agreement has to be approved by the Saginaw City Council and a federal judge.


The court documents also show a man came forward after the lawsuit was filed last August, where he claimed he was Blaisdell’s birth father. But the court papers indicate Saginaw County Probate Judge Patrick McGraw ruled that Mia Blaisdell was the only known heir of the decedent.

Attorneys representing Blaisdell and the city of Saginaw either did not want to comment or could not be reached on Monday.
 

Politic Negro

Rising Star
BGOL Investor
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
17d82aa6a0534baeb9cbc95db25405a4.jpg

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.



Cedar Rapids paid $619K to defend officer in shooting case
Cedar Rapids paid $619,000 to defend a white police officer against an excessive force lawsuit brought by a Black man he shot and paralyzed before the reaching a landmark $8 million settlement
By RYAN J. FOLEY Associated Press
May 6, 2021, 11:34 AM
• 4 min read
IOWA CITY, Iowa -- Cedar Rapids paid $619,000 to defend a white police officer against an excessive force lawsuit brought by a Black man he shot and paralyzed, before Iowa's second-largest city reached a landmark $8 million settlement with the man, a city spokeswoman said.

The previously undisclosed legal costs add to the sizeable payout stemming from the 2016 shooting of Jerime Mitchell by then-police officer Lucas Jones during a traffic stop. The city budget will cover the first $500,000 before insurance kicks in, an amount nearly twice as much as Cedar Rapids will save this year by closing a golf course and 20 times as much as it will spend on a new board to review complaints against officers.

Jones allegedly pulled over Mitchell for not having a license plate light, and their late-night encounter quickly escalated. After struggling with the officer and his dog, Mitchell eventually got into his truck and started driving with Jones clinging to him. Jones fired three times, paralyzing Mitchell with a bullet to the neck. A prosecutor cleared Jones in the shooting, concluding he fired in self-defense.

Mitchell and his wife filed the lawsuit in 2017, saying he suffered debilitating injuries as a result of Jones' negligence. The lawsuit alleged that Jones had no basis for the traffic stop, improperly used force on Mitchell in several ways and fired on the unarmed Mitchell without justification. It also alleged that the city had been negligent by employing Jones, who was cleared after fatally shooting 21-year-old Jonathan Gossman in 2015.

The day before the case was supposed to go to trial last month, the city announced that it had reached an $8 million settlement with Mitchell and that its insurer would pay the full amount. It's the largest settlement for a police shooting in Iowa history. Cedar Rapids admitted no wrongdoing, insisting that Jones acted properly given the circumstances of the stop.

The city incurred $688,000 in legal expenses during the four-year case, on top of extensive work by its staff attorneys who represented the city but did not track their hours, spokeswoman Maria Johnson told The Associated Press on Wednesday. That includes $619,000 paid to the Lynch Dallas law firm, which was hired to represent Jones in the case, she said.

Lynch Dallas also defended the city and Jones against a lawsuit filed by relatives of Gossman, who was shot 24 times by Jones and another officer after fleeing a drug-related stop with a handgun in 2015. A federal appeals court in December upheld a judge's dismissal of that case, ruling that the use of deadly force was reasonable. As in the Mitchell case, Jones had released his dog, Bane, to attack the suspect before shooting him.

A risk fund in the city’s budget will cover $500,000 of the legal expenses, which is the amount of its deductible under the insurance policy, Johnson said. Insurance will cover the rest.


The legal costs escalated and Mitchell's trial was delayed as the city sought to defend its ability to keep the public from seeing records related to the shooting.

The city insisted on sharing investigative police records with Mitchell's lawyers only if they agreed not to release them publicly, a condition they refused. A judge ordered the city to produce the records without a protective order preventing their public disclosure.

The city and Jones appealed to the Iowa Supreme Court, which unanimously upheld the judge's order in 2019. But the court also affirmed that police records can be exempt from Iowa's open records law forever, even after investigations are closed. Public safety agencies routinely cite that decision in denying requests from reporters and lawyers.

Despite the settlement, the Mitchell case is still generating more litigation costs for the city, which fired Jones last year after his testimony in a deposition prompted an investigation of his handling of a different 2016 traffic stop.

The city is now paying two law firms to defend against an appeal filed by Jones in which he seeks to be reinstated. The Cedar Rapids Civil Service Commission upheld Jones' firing in December, and he has asked a judge to overturn that decision. A Cedar Rapids lawyer is defending the commission, while a Des Moines-based law firm is representing the city. A hearing is set for August.
 

Politic Negro

Rising Star
BGOL Investor
Two Walnut Creek Officers Not Charged in 2019 Fatal Shooting of Miles Hall: DA
City agreed in September to a $4 million settlement with the family in the civil case

Two Walnut Creek police officers will not face charges in the fatal shooting of a young mentally ill man in 2019, the Contra Costa County District Attorney's Office confirmed Friday.

The family of Miles Hall, 23, who was shot to death by the officers during a domestic incident June 2, 2019, made the news public late Thursday night, and it was confirmed in a DA's office report Friday that "no charges will be filed against any officer involved in this shooting," citing insufficient evidence.
Hall's family held a rally Friday afternoon and attorney John Burris, who represents the family, held a news conference afterwards both at Walnut Creek City Hall. Taun Hall said on Friday that she’s not about to give up on her fight for justice for her son Miles Hall.

But the district attorney says the officers feared for their lives when Hall ran toward them with a gardening tool.
"He was running in the general direction of them. He was carrying the black digging tool and he wasn’t listening to their commands to drop the tool and to stop," said Scott Alonso, Contra Costa District Attorney's Office Spokesman.
The shooting occurred in a residential neighborhood on a Sunday afternoon in 2019 after Hall's grandmother called 911 to report Hall had threatened her, according to police. Minutes later, Hall's mother called police also saying he threatened her, and she told them about his mental illness.
Responding officers found Hall walking along a nearby street carrying a crowbar, and police said he refused to listen to commands to drop the crowbar. He then charged at officers, police said.
Bean bag rounds were fired at Hall first but had little to no effect, which resulted in two officers firing their handguns at Hall, police said. Hall was then taken to a hospital, where he later died.

The city of Walnut Creek released a statement Friday, saying in part the city and police department have committed to expanding mental health services and increasing police training in mental health crises.
"The past two years have been painful for our community, and we grieve the loss of Miles each day," Walnut Creek Mayor Kevin Wilk said. "Mental health is one of our society’s most serious crises and we must do whatever we can to provide immediate help to those who need it most. We will continue to work with the community to do whatever possible to prevent this type of tragedy from occurring again in Walnut Creek, and in the meantime we hope that all viewpoints are shared peacefully."
In September, the city of Walnut Creek agreed to a $4 million settlement with Hall's family, who said the money is being invested into the Miles Hall Foundation to push for changes in how police deal with people who have mental health crises.
The city said in a statement the settlement was approved to avoid further litigation and did not admit fault in the incident.
But friends and family think otherwise. Taun Hall said that she had ongoing contact with the department about his mental health struggles and that officers even arrived with a plan that didn’t involve deadly force.
“If you don’t follow a plan, you don’t execute the plan you execute my son who is the victim. It’s set up for tragedy,” she said. “He was clearly trying to get around them they turned to shoot him down left to right like an animal in the street it’s unacceptable.”
The family said they now plan to take the case to the state attorney general and the U.S. Department of Justice. They’re also pushing for mental health crisis teams to replace police for mental health.
 

D24OHA

Rising Star
BGOL Investor
HOUSTON (CN) — A Texas county has agreed to pay a $4.75 million settlement to the parents of a man who died in 2010 after a deputy constable placed his boot over his mouth while he was lying unresponsive on the ground.
ratio3x2_1150.jpg

Jamail Joseph Amron, a 23-year-old Black and Iranian man, had trouble breathing after he took a small amount of cocaine on Sept. 30, 2010, at an apartment complex in Spring, a northern Houston suburb.

He called 911 and walked to a Burger King. Its manager gave him a cup of water.

Several Harris County deputy constables and paramedics arrived. And though Amron was sitting on a curb calmly drinking his water, one of the deputies handcuffed him and dragged him to an ambulance.

He broke away and ran toward the restaurant. Four officers tackled him, held him down and had paramedics inject a sedative into him, the restaurant’s manager Cindy Lansdale testified in a deposition. Commonly called officers and police, Texas constables and their deputies serve legal papers and are bailiffs in courtrooms. They also patrol neighborhoods and investigate crimes.

Amron’s body went slack and as he lied supine on the ground Deputy Constable Kevin Vailes put his boot over his nose and mouth. Lansdale estimated Vailes held his boot on Amron’s face for two to five minutes.

After 15 minutes in which no medics or officers checked Amron’s vital signs, Lansdale said, he was loaded onto an ambulance and taken away. Officers then marked the scene with yellow tape and Lansdale testified one of them told her Amron had died.

In September 2012, his parents Barbara Coats and Ali Amron sued Harris County, the Harris County Constable’s Office Precinct 4, seven of its officers, Cypress Creek Emergency Medical Services and three of its paramedics for excessive force, false arrest, unreasonable search and seizure, denial of medical treatment, failure to intervene and civil rights violations.

Amron’s parents were awarded $11 million in 2017 after a jury in the county seat Houston found Vailes liable for his death, and Harris County at fault for not barring deputies from placing their feet on people in their custody.

But a state appeals court reduced the award to $1 million in February 2020 and deemed Vailes alone responsible for paying it. Vailes, who still works for the constable’s office, found a way to avoid paying the judgment: he declared bankruptcy and got it discharged.

With appeals from Amron’s parents still pending, Harris County Attorney Christian Menefee, the first Black person elected as the county’s chief lawyer, announced late last month he had taken the advice of his staff attorneys, who recommended settling the case after evaluating the facts of the incident, the legal issues and the history of the case.

“After nearly a decade in the courts, I am glad this lawsuit—which I inherited from my predecessor—has come to a close,” Menefee told the Houston Chronicle.



Despite the settlement, Amron’s father told the Chronicle it brings him no comfort because no money can bring back his son.

“We don’t even think about the money. It does not help me get justice,” said Ali Amron, who has vowed to keep fighting for an official investigation.

Amron’s autopsy says he died of cocaine poisoning. But an expert hired by his family found he’d suffocated as there was little cocaine in his system.

Amron, who would have turned 35 in February, had a lot going for him. He managed a restaurant and was pursuing an engineering degree at a junior college. He loved to play soccer, a passion he shared with his dad. “He also enjoyed church, family gatherings, holidays, taking pictures, joking around, doing flips and especially eating his mom’s wonderful cooking,” his obituary states.


The cop held his boot over the mouth and nose of an unconscious person for at least 2 minutes....

That person dies.

The family sues the cop and is awarded damages of $1mil...

the cop is cleared of any wrongdoing ...AND GETS TO KEEP HIS JOB.... then declares bankruptcy to avoid having to pay the $1 million in damages.....

Fuck police unions and this system of white supremacy
 

Politic Negro

Rising Star
BGOL Investor
City releases $5 million settlement agreement with Black officer beaten during protest
Five St. Louis police officers have been federally indicted for beating Officer Luther Hall during a 2017 protest

ST. LOUIS — The City of St. Louis will pay $5 million to a Black police officer who was assaulted in 2017 by white officers while working undercover during a protest, according to a settlement agreement obtained by 5 On Your Side.
Officer Luther Hall was working undercover during the protests that followed the acquittal of a police officer who had been charged with the 2011 murder of a Black drug suspect.


Five officers have been federally indicted for their alleged roles in the beating and are not included in the city's settlement. The city has 45 days to pay Hall, according to the agreement.
The agreement was signed by Mayor Lyda Krewson, Lt. Col. Lawrence O'Toole and Sgt. Joseph Marcantano, so the civil claims he's filed against the officers accused of beating him are ongoing.
In his civil lawsuit against the city, Hall claimed Krewson made a comment about how he had messed up his “cute face,” during an elevator ride following the attack and later denied knowing about the assault.
He also claimed fellow officers tried to cover up the beating, during which Hall — a 22-year veteran of the police force — was kicked in the face, leaving him unable to eat.
He also suffered a tailbone injury and a 2-centimeter laceration above one of his lips. He also had surgery to repair herniated discs in his neck and back, according to the lawsuit.
He also accused Marcantano of participating in the beating, getting promoted to sergeant afterwards.
Officers Christopher Myers, Dustin Boone, Randy Hays and Bailey Colletta were federally indicted for their alleged roles in the assault first.
Federal prosecutors allege Boone, Hays and Myers threw Hall to the ground and kicked and hit him with a police baton. Colletta was indicted for lying to a grand jury.
In her guilty plea, Colletta said she and the other officers believed Hall was a protester and ordered him to his knees when the other officers tackled him.
In his lawsuit, Hall claimed he was investigating protesters who had damaged property downtown and saw officers fire bean bag rounds and use pepper spray on the crowd without justification.

Hall also claimed he did not hear police order the crowd to disperse before they used force.
A fifth officer, Steve Korte, was federally indicted in 2019 for civil rights violations and lying to the FBI by claiming he was not involved in Hall’s arrest.
Hall remains employed by the St. Louis Metropolitan Police Department, but it's unclear whether he's returned to duty.
Other lawsuits are still pending against the City involving citizens who claim police officers also used unjustified force against them, especially during a technique known as "kettling" in which officers forced dozens of protesters together to arrest them. A St. Louis Post-Dispatch reporter was among them.
O'Toole was acting police chief at the time, and drew criticism after declaring, "we owned the night" during a press conference following the mass arrests. Hall was beaten that same night.



1-c176be7176.jpg
2-0672fbe846.jpg
3-81b684eef1.jpg
4-bb8144c695.jpg
5-069b08d7e4.jpg
6-04dfb9e7d2.jpg
7-de20a73a15.jpg

Update
 
Top