News (Media Awareness Project) - US FL: Orlando Pays $169,000 To Settle Wrongful Arrest |
Title: | US FL: Orlando Pays $169,000 To Settle Wrongful Arrest |
Published On: | 2004-02-20 |
Source: | Sun-Sentinel (Fort Lauderdale, FL) |
Fetched On: | 2008-01-18 20:36:05 |
ORLANDO PAYS $169,000 TO SETTLE WRONGFUL ARREST
D. Uriyah Ajamu Was Hospitalized After Orlando Police Mistakenly Dragged
Him From His Duplex
The city of Orlando has paid nearly $170,000 in damages and attorneys fees
after a wrongful-arrest and excessive-force trial involving city police
officers.
The settlement agreement reached this week stems from the case of D. Uriyah
Ajamu, who lives in the Parramore area and alleged that his civil rights
were violated when police stormed his duplex apartment by mistake in August
1999.
Ajamu's lawyer, Howard Marks, who collected almost $150,000 of the
settlement, said the city could have settled the case for $50,000 or less,
plus an apology, if it had not taken the case to trial.
The police were looking for suspected drug dealers operating in the
apartment next door to Ajamu's.
Though he had no involvement in the drug activity, police aimed guns at
Ajamu, dragged him from his apartment, and patted him down. Ajamu was
hospitalized as a result.
During a trial in November, a six-member jury found that three officers did
not violate Ajamu's constitutional rights.
Jurors also found that police did not use excessive force in detaining him.
But earlier in the trial, Orange Circuit Judge Donald Grincewicz
independently found that Ajamu had been falsely arrested and had become the
subject of an unconstitutional pat-down.
That ruling prompted a $20,000 award for Ajamu's medical expenses and
damages for pain and suffering and mental anguish.
It also allowed Marks to bill the city for his fees and costs. Documents
detailing the agreement reached Monday say the city paid Marks $24,000 in
costs and $125,000 in attorney fees.
The city ended up paying a total $169,000 to Marks and his client.
On Thursday, Marks said the case could have been settled much sooner and
less expensively.
The original amount the city offered before trial, however, was
unacceptable, he said.
Lee Lombardy, assistant city attorney, said, "The settlement negotiations
prior to trial aren't relevant."
She added that pre-trial mediation sessions are also confidential.
Marks said he hopes Orlando police learned a lesson from the case: Don't
pat down or detain individuals without probable cause or reasonable belief
they've engaged in criminal activity.
"I would certainly hope they have changed their policy now to comply with
the U.S. Constitution," Marks said.
"You simply can't do that, at least in the United States. Hopefully after
this trial they'll modify that behavior."
Orlando police spokesman Brian Gilliam said the department has not changed
how it handles pat-downs and detentions when search warrants are involved.
D. Uriyah Ajamu Was Hospitalized After Orlando Police Mistakenly Dragged
Him From His Duplex
The city of Orlando has paid nearly $170,000 in damages and attorneys fees
after a wrongful-arrest and excessive-force trial involving city police
officers.
The settlement agreement reached this week stems from the case of D. Uriyah
Ajamu, who lives in the Parramore area and alleged that his civil rights
were violated when police stormed his duplex apartment by mistake in August
1999.
Ajamu's lawyer, Howard Marks, who collected almost $150,000 of the
settlement, said the city could have settled the case for $50,000 or less,
plus an apology, if it had not taken the case to trial.
The police were looking for suspected drug dealers operating in the
apartment next door to Ajamu's.
Though he had no involvement in the drug activity, police aimed guns at
Ajamu, dragged him from his apartment, and patted him down. Ajamu was
hospitalized as a result.
During a trial in November, a six-member jury found that three officers did
not violate Ajamu's constitutional rights.
Jurors also found that police did not use excessive force in detaining him.
But earlier in the trial, Orange Circuit Judge Donald Grincewicz
independently found that Ajamu had been falsely arrested and had become the
subject of an unconstitutional pat-down.
That ruling prompted a $20,000 award for Ajamu's medical expenses and
damages for pain and suffering and mental anguish.
It also allowed Marks to bill the city for his fees and costs. Documents
detailing the agreement reached Monday say the city paid Marks $24,000 in
costs and $125,000 in attorney fees.
The city ended up paying a total $169,000 to Marks and his client.
On Thursday, Marks said the case could have been settled much sooner and
less expensively.
The original amount the city offered before trial, however, was
unacceptable, he said.
Lee Lombardy, assistant city attorney, said, "The settlement negotiations
prior to trial aren't relevant."
She added that pre-trial mediation sessions are also confidential.
Marks said he hopes Orlando police learned a lesson from the case: Don't
pat down or detain individuals without probable cause or reasonable belief
they've engaged in criminal activity.
"I would certainly hope they have changed their policy now to comply with
the U.S. Constitution," Marks said.
"You simply can't do that, at least in the United States. Hopefully after
this trial they'll modify that behavior."
Orlando police spokesman Brian Gilliam said the department has not changed
how it handles pat-downs and detentions when search warrants are involved.
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