A man’s diabetic insulin shock that was mistaken for DUI, who was pulled from his car, and then kicked and kneed repeatedly by police officers, has settled a personal injury lawsuit with the city of Henderson and state of Nevada, as reported by the Huffington Post.
A.G., 38, will be receiving a settlement of almost $300,000: $158,000 from the city for himself, an additional $99,000 from the city to his wife and $35,000 from the state.
The suit, which was settled on February 7 and stemmed from an incident on October 29, 2010, accused the city police and Nevada Highway Patrol of battery, assault and the intentional infliction of emotional distress.
A.G. told reporters that the settlement was “fair”, adding, “We agreed to it, and we’re satisfied.”
Dashboard cameras located in four of the Nevada Highway Patrol cruisers captured portions of the alleged assault. The videos were released the day after the settlement was reached.
In one video, A.G. is spotted swerving on Lake Mead Parkway. After he stopped at a traffic light at Boulder Highway and Lake Mead one trooper approached him.
The trooper is seen drawing his service weapon and kicking the driver’s side window. Next, the trooper is heard on the video yelling, “Don't move! Hey, driver, do not move!” Then the trooper opened the vehicle’s driver side door while another officer joined him and puts a handcuff on one of A.G.’s wrists.
State troopers and Henderson police officers then removed A.G. from his vehicle.
While A.G. appears both bewildered and confused by the commotion, six officers now surrounded him. The sixth officer that arrived is seen kicking A.G. while another kneed him several times in the torso.
Heard on the video is another officer yelling, “Stop resisting…” along with several expletives.
Only after A.G. is subdued in the beating an officer searched him and discovered a vial of insulin. He then announces that A.G. “could be a diabetic.” That information, that A.G. is “a diabetic” and “probably in shock, semiconscious” was shared via radio to a police dispatcher.
Then officers are heard making the joking remark, “(He) was not a small guy, I couldn't take him by myself.”
A.G. was not charged with DUI in the incident. He was taken to a local hospital and treated for low blood sugar. The multiple injuries that he sustained in the encounter were noted.
A.G. told reporters, “I ended up with two broken ribs. I had some cuts and a black eye on my face. I was confused, but I wasn't resisting, and I would think this would be incorrect and inappropriate behavior whether I was drunk ... or not drunk.”
A.G., a father of four and a diabetic for 26 years, had the diabetic reaction as he made his drive to work that day.
A.G.’s father was an Arizona state trooper. He said that neither he, nor his family, would hold a grudge against either police department. In a final remark to reporters A.G. said, “We hold no ill will towards the officers involved or the other police officers in the city, and we support them and we're ready to move on.”
Contact a personal injury lawyer if you have suffered due to someone else’s carelessness. Oftentimes monetary awards can be made for your pain and suffering.