From [HERE] The city of Tallahassee quietly settled a federal lawsuit filed by a Black Tallahassee minister who alleged he was choked and abused by police officers after they raided his house by mistake in 2010.
The city settled the case brought by Kevin Hawkins, minister at The Multitude of Christ Church on Apalachee Parkway, last month for $45,000. The settlement amount is under a $50,000 threshold that would have required approval from city commissioners.
The lawsuit, filed in U.S. District Court in Tallahassee, said Tallahassee Police Department officers armed with assault weapons and paramilitary attire pulled Hawkins out of his home on Idlewild Drive on Aug. 11, 2010, dragged him across a concrete walkway and subjected him to other physical abuse. He suffered cuts to his face, injuries to his arm, legs and back and a broken dental plate, according to court records.
TPD officers also forced Hawkins' daughter, who was 15 at the time, to get onto the bathroom floor, partially covered with only a small towel, and ordered his son, who was 9 at the time, to put his hands up and lie face-down on the floor, the complaint alleged. The cops held them at gun point. A dozen TPD officers, all members of the Tactical Apprehension and Control Team, were named as defendants.
James Cook, a Tallahassee attorney who represented Hawkins and his two children, said his client decided to settle in part because officers were expected to seek a type of appeal open to law enforcement before lawsuits are resolved. He said taking a higher settlement amount to city commissioners also could have delayed a resolution.
"Basically our client was looking at settling it now for less than he thought it was worth or waiting another year and a half to two years to go to trial," Cook said. "This is a huge problem in the field of civil rights."
A video shot by TPD shows the first portion of the arrest, including officers knocking on Hawkins' door and taking him to the ground outside his house. The video shows officers wearing miltary helmets, gloves and carrying automatic rifles.
"They just don't look like they're from this world," Cook said. "(Hawkins) was humiliated in front of his kids. It hurt him every time he thought about it. He wanted to get it behind him."
Hawkins and his children were detained in their living room for 45 minutes before officers realized they had the wrong address, according to court documents. They later arrested a man who lived in a rear apartment, though the charges were eventually dropped.
City Attorney Lew Shelley said the settlement amount included all claims for damages and attorneys fees. He said the judge in the case ruled against a city motion for dismissal and that it appeared to be going to trial.
"We always reassess when it is clear from the court's perspective that we are going to go forward to a trial," Shelley said. "And we thought it was a reasonable settlement."
Last month, city commissioners settled a federal civil-rights and excessive-force lawsuit brought by Christina West, who was injured during her arrest by TPD in August 2013. The settlement amount was $475,000. The city also spent more than $200,000 on outside attorneys to defend both itself and the officers involved. No outside attorneys were used in the Hawkins case.
Last week, a TPD officer tased 61-year-old Viola Young in the back during a confrontation between police and residents in Frenchtown. Young's attorney, Robert A. "Gus" Harper III, hasn't said whether a lawsuit will be filed, though he said all options are on the table.
TPD officers named in Kevin Hawkins' lawsuit:
Vincent Boccio, Kevin Bradshaw, Dan Copelin, James Fairfield, Eric Hahn, Mike Hubbard, Logan Lane, Jeff Mahoney, David McCranie, Shane Porter, Nick Roberts and Mike Trowbridge.
Sunday, October 5, 2014 at 04:23AM
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