City Council OKs settlement

Dan Kulin

Wednesday, Aug. 18, 2004 | 9:36 a.m.

A Henderson man who claimed police broke his jaw, fractured his skull, and broke some of his teeth while arresting him three years ago will receive $60,000 to settle the federal lawsuit he brought against the city.

The City Council on Tuesday voted 5-0 to approve the settlement, which was among a long list of items approved together with the same vote as part of what is called the city's consent agenda.

It was the second lawsuit settlement related to police conduct during an arrest the council has approved this summer.

Joe Gaudreau claimed in his lawsuit that city police officers Ryan Duncan and John Bellow violated his civil rights during an arrest on Aug. 1, 2001.

The suit claimed Gaudreau's injuries happened when Duncan grabbed Gaudreau by the hair and slammed him to the ground. Bellow was accused of helping Duncan injure Gaudreau.

City officials said the officers did nothing wrong and said Gaudreau injured himself when he was hitting the police vehicle with his face after he was arrested in connection with a domestic dispute with his then girlfriend.

Both officers involved in the incident are still with the police department. Duncan is a sergeant now.

Andrew Urban, an assistant city attorney, has said the settlement does not assign blame to the city or police. He said the recommendation to settle the case for $60,000 was due largely to the expectation that taking the case to court would cost the city $100,000.

Following the Tuesday vote Mayor Jim Gibson said he decided to support the settlement because "it was questionable whether or not the city would win that case," as well as the anticipated savings by settling the case instead of taking it to trial.

Urban said Gaudreau will receive payment after he and a judge sign off on the settlement.

In June, the council paid $224,000 to Jody Higgins to settle her federal lawsuit in which she alleged police pepper-sprayed her while she was handcuffed and then left her without medical attention for so long that she suffered permanent eye damage.