OAKLAND SETTLES LAWSUIT WITH R&B BAND MEMBER

OAKLAND -- The city has agreed to settle a lawsuit brought by a member of
the rhythm and blues group "Tony! Toni! Tone!" who argued that a police
officer used excessive force when he grabbed his throat, mistakenly
believing he had drugs in his mouth.

The suit was the result of a confrontation last year between D'Wayne
Wiggins and Officer Matthew Hornung, 28, who has since been charged in an
unrelated case with beating suspects, planting evidence and falsifying
reports along with three other officers who called themselves "The Riders."

In the unusual agreement, the city will pay out $25,000 to settle Wiggins'
$1 million suit, with $10,000 of the settlement earmarked to fund an annual
scholarship to a graduating Oakland student who wants to pursue a career in
law enforcement.

In addition, the police department will hold a series of workshops to
increase communication with junior high school students, and the police
chief will issue a rare, written apology to Wiggins.

Yet Wiggins' attorney, John Burris, said the settlement never would have
happened had he known earlier about the incidents involving "The Riders."
Although the city just recently finalized the settlement, Burris said it
was agreed upon over the summer, before the extensive police misconduct
cases were made public in September.

"If I had known about that I would not have given my word because while we
were settling this, the officer involved was continually engaged in
misconduct," he said.

Still, Burris said Wiggins wanted an outcome that was positive for the
community.

"We want good law enforcement officers, and we want people who have a
strong interest in becoming law enforcement officers," Burris said of the
scholarship. "It was an effort to be very positive."

Wiggins claimed Hornung had violated his civil rights, targeting him
because he is African American. He had been sitting in a parked station
wagon outside a Shattuck Avenue bar sipping from a bottle of Evian water
and chatting with a friend when Hornung confronted him.

Wiggins said Hornung came up to the car door, grabbed his jaw and ordered
him "Spit it out." Wiggins said he was able to force the officer's hand
away from his neck. No drugs were found.

Hornung, who at the time was a rookie officer who had been on patrol for
just two months, apologized to Wiggins during a hearing before the
Citizens' Police Review Board in July.

Hornung now faces termination for his part in "The Riders" case. Two of the
officers involved have been fired, and one has disappeared and is presumed
to have fled to Mexico.

The City Council gave the go-ahead for the Wiggins settlement at a closed
session meeting Dec. 5.

, and will approve it at a meeting Tuesday.

Also at the meeting, the council is expected to approve:

- -- A $175,000 settlement with Gianna Tran, who sued after she was seriously
injured in an accident at East 12th Street and 29th Avenue in December
1998. She claimed the BART pillars on the city-owned intersection
dangerously blocked drivers' view.

- -- A $165,000 settlement with Willie C. and Tequila McClinton, who claimed
the city unlawfully seized their property in a blight abatement action.