From [HERE] and [HERE] The city of St. Paul has reached an agreement to pay resident Deshun Carter $86,500 to settle a federal police brutality lawsuit.
The agreement is expected to be confirmed by the city council at its Wednesday, May 9 meeting.
Carter won a $35,000 punitive damages award from a federal jury last month. With attorney's fees, the final output by the city could have been higher without the settlement, which also stops any further legal action from either side. The agreement is "not to be construed as an admission of liability," the city asserted.
Carter, 31, alleged that St. Paul police attacked him while he was barbecuing in his back yard on Sept. 26, 2009. A federal jury ruled on April 16 that Officer Adam Bailey used excessive force on Carter.
About 5:30 p.m., the officers pulled up in a squad car. Bailey looked at Carter and said, "Do you think all of this is necessary?" - apparently referring to the music.
"Officer, I'm terribly sorry," Carter said. He hopped over a short fence in the front yard and turned the SUV off.
Weinzettel said that there hadn't been a complaint and that lowering the volume would suffice. Carter left it off, anyway.
Police then asked Carter and his friend, Kyle Shepperson, for their identification. While the officers were checking the records, Carter spotted flames coming from
his grill about 5 yards away. He jumped back over the fence and ran to flip the meat.
"Where the (expletive) do you think you're going?" Bailey yelled, according to the lawsuit. "Get back here right now!" Carter said he wasn't going anywhere.
Weinzettel approached Carter and told him to put down the tongs he was holding. Carter complied.
But Bailey hopped the fence and grabbed Carter's arm, taking out his handcuffs.
"Defendant Bailey then grabbed both of Mr. Carter's arms and forcefully shoved Mr. Carter into the yard fence," the lawsuit said. "Mr. Carter remained passive and offered no resistance."
Bailey tried to "sweep-kick" Carter, but Carter did not fall down. Weinzettel sprayed him in the face with a chemical irritant and Bailey shot him with a Taser.
"I remember not being able to breathe, and debris is all in my mouth," Carter said in his deposition.
The officers then dragged Carter, who stands 6 feet 4 inches, into the squad car. Before he could get his legs in, the police "repeatedly slammed the squad door on (Carter's) feet and legs...inflicting gratuitous violence on the already battered (Carter)," the suit said.
The city's written response to the suit called the officers' actions "objectively reasonable." It denies that Bailey said, "Where the (expletive) do you think you're going?" or that the officers slammed the squad car door on Carter's legs. (Guess they just wanna get him $90 g's for no reason then huh?- bw)
The $86,500 award is to be shared by Carter and his attorney, Ashwin Madia.
At the time of the incident, Carter was charged in criminal court with disorderly conduct, obstructing legal process and having a loud car stereo. A Ramsey County jury acquitted him.