Las Vegas Sun

January 30, 2015

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Man who claimed excessive force wins $1.6M judgment against Metro

A Henderson man who said he was injured as the result of excessive force by Metro Police officers in 2001 when they tried to execute an arrest warrant on his brother accepted $1.6 million in a decision approved Thursday by a federal judge.

A federal jury in February initially awarded $2.1 million to Charles Barnard in his lawsuit against Metro officers Gary Clark, Greg Theobald and Steven Radmanovich. But the defendants challenged the judgment and U.S. District Judge Robert Jones decided to review the matter.

Jones determined the judgment was too high, so he gave Barnard the choice of accepting $1.6 million or having a new trial. Barnard chose the money. In addition to the damage award, Barnard will receive $189,303 for attorneys' fees and $61,408 for court costs.

Barnard alleged that on the night of Dec. 8, 2001, Metro Police came to his apartment looking for his brother. But Barnard said he was the one who ended up getting roughed up and arrested, even though there was no warrant out for him. He also alleged that in a scuffle with police he was choked and kneed in the back, resulting in back and neck injuries that required surgery.

Police denied using excessive force, arguing they believed Barnard was resisting them.

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  1. It's obvious that the jury believed excessive force was used. On the challenge it's also obvious that the Judge thought excessive force was used. Although this incident occurred in 2001 it remains clear that Metro still hasn't learned its lesson. There are far too many killings going on by Metro and other abuses of power being committed. A good example of abuse was in the Scott case. After he was shot and on the ground, police continued to shoot him in the back.

  2. The guy does not have a criminal history from the search I have done, yet why would he give officers any trouble? While can not condone roughing there may be another side to the story. If people would just respect the law and co operate their would be so much less trouble.

  3. "A lot of videos are popping up on youtube of Vegas police, I suggest they knock it off"

    So. And the point is....

    Google other big city police departments. They are ALL on You Tube - sometimes doing their job, other times acting like jackasses.

  4. Wish there was more information because that settlement is EXTREMELY high. Like did his injuries prevent him from working? Are these injuries obvious, ie using a wheelchair? More to this story. Wish the Sun had printed more background.

    And stephenrblv - what is wrong with having ex-military? They are good enough to put THEIR lives on the line fighting in illegal wars and whatnot, but cannot become law enforcement after leaving the military? Anyway, it's not just any military service that's acceptable; if you were an MP or held other positions similar, that is a qualification most police departments look for. They don't want a bunch of sissies. BTW - most police departments ALSO require college degrees these days, too. The college degrees more of a priority since the Armed Services are having a hard time finding smart enough kids to join. Most can't pass the tests.

    A Reminder: This incident happened in 2001, not last year. They kept this matter in the court system for almost 10 years - at tax payers' expense. Metro can appeal the settlement.