Henderson mulls settlement with 86-year-old man

Jace Radke

Tuesday, Nov. 30, 2004 | 9:58 a.m.

The Henderson City Council is scheduled to review a possible settlement of a federal lawsuit filed by an 86-year-old man who alleges that Henderson Police broke his hip during a traffic stop.

The possible $350,000 settlement offer to Charles Walker was expected to be discussed at the Dec. 7 city council meeting. The federal lawsuit asks for unspecified damages in connection with Walker's July 21, 2002, arrest in downtown Henderson.

Walt Cannon, an attorney representing the Henderson Police Department in the case, said that he wouldn't comment on the settlement unless it is agreed upon at next week's meeting.

Walker, who was 84 at the time of the incident, alleges that Officer David Tomlinson used excessive force when he pepper-sprayed Walker and threw him to the ground after stopping him for a traffic violation. Police maintain that Walker yelled and swore at Tomlinson and attempted to get back into his car, and that was why the officer pepper-sprayed Walker.

Police said that Tomlinson questioned Walker after spotting traffic having to maneuver around Walker's car in downtown Henderson, and pulled him over in a parking lot near the intersection of Army and Market streets.

Walker refused to stay in his car, and refused to follow Tomlinson's directions during the incident, police said.

Walker's lawsuit states that he suffered broken ribs and a broken hip during the arrest.