Settlement approved with man, 86, who sued police

Eric Leake

Wednesday, Dec. 8, 2004 | 8:38 a.m.

Henderson will pay Charles Walker $350,000 to avoid going to trial against the 86-year-old man who claims he was abused by Henderson Police.

The Henderson City Council unanimously approved the settlement without comment Tuesday evening.

City Attorney Shauna Hughes recommended in a memo that the city settle the lawsuit for $350,000 to prevent the possibility of much greater costs if the suit were to go to trial.

Charles Walker did not attend the city council meeting, nor did his son, Dennis Walker, who said in a telephone interview Monday that the money was little comfort for the loss of his father's vitality.

"It's not nearly enough for putting my father in a wheelchair for the rest of his life," said Dennis Walker, 54.

He said his father is now OK but suffers from Alzheimer's disease and that his injuries prevent him from doing the things he loves -- driving his truck, feeding his horses.

"He's never the same," Walker said. "It basically ruined his life ... there's no money that can compensate that."

Charles Walker claimed in a federal lawsuit against Henderson Police and Officer Dave Tomlinson that the police used excessive force in pepper spraying Walker and taking him to the ground, breaking his ribs and hip. The altercation occurred during a July 21, 2002, traffic stop in downtown Henderson.

Dennis Walker said that while his father was unstable and recovering from his injuries, he fell, doing further damage to his hip.

Charles Walker was pulled over, police reported, after Tomlinson saw his truck impeding traffic.

Police maintain that Charles Walker prompted a forceful response by refusing to stay in his car, not following directions, and yelling and swearing at Tomlinson during the traffic stop.

With the suit settled, questions of fault in the injuries may never be answered.

Dennis Walker, who is an outspoken critic of the Henderson Police Department, said he is not satisfied with how the city responded to his father's case and that it is emblematic of larger problems.

"I think the Henderson Police Department is totally out of control and it's lost the ability to police itself," Dennis Walker said.

He said that his father has lived in Henderson for 55 years and that, "No, it's not a safe place to call home."

Henderson city officials and police offered no further comment on the case while it's being resolved.