As reported by the Komo News from Spokane, Wash., a nearly $2 million settlement was made out of court to the family of a man allegedly beaten to death by police in 2006; the settlement also asks for a formal apology from the city of Spokane and their promise to improve police training.
O.Z., 36, a mentally ill janitor, died two days after the beating. The lawsuit, filed on behalf of his mother and his estate, had originally asked for $14 million in damages. The civil suit was filed by attorneys Jeffry Finder and Breean Beggs.
Two days of mediation with U.S. District Court Judge Michael Hogan resulted in a $1.67 million settlement. Judge Hogan said that the mediation brought about a settlement that was both "constructive and "generous."
The Spokane City Council must now approve the settlement, Mayor David Condon has been asked to write a letter of apology to O.Z.'s family and a city park must build a pavilion in O.Z.'s name.
Condon said, "Today, we have some finality for our citizens, but even more importantly, for Mrs. (Z.). We cannot change the past, but we can acknowledge our mistakes and move forward for a better future for our community."
There is a separate criminal case pending in federal court filed by the Department of Justice.
Nine members of the Spokane police department were named in the wrongful death lawsuit. One of the officers, K.F.T. Jr., was convicted in 2011 in federal court. K.F.T. Jr. had been found guilty of using excessive force and lying to investigators.
The civil case was held back in 2009, by U.S. District Court Judge Lonny Suko, because federal prosecutors had alleged that city attorneys had been taking information from the case to aid in K.F.T. Jr.'s defense.
The incident occurred when two women had reported to police that O.Z. was behaving erratically in a convenience store and may have stolen money from an ATM cash machine.
It was determined that O.Z. had not robbed the cash machine.
However, according to videotaped evidence taken at the store, K.F.T. Jr. is seen hurrying over to O.Z. and then beating him with a baton – while O.Z. is shown retreating. K.F.T. Jr. is then seen using his taser on O.Z. Finally, the video captures O.Z. being hogtied and sat on by the other named officers, finally loosing consciousness.
K.F.T. Jr. is free while awaiting sentencing on his federal conviction. His lawyers are asking for a new trial. His sentencing was postponed by U.S. District Judge Fred Van Sickle because an expert witness had claimed that the federal prosecutors had made a summary of his expected testimony incorrectly.
Several Spokane city officials have been fired since O.Z.'s death. Mayor Condon is thought to have won over then-Mayor Mary Verner due to the case.
The unexpected death of a loved one, due to the actions, or inactions, of another party, is grounds for a wrongful death lawsuit. Contact a personal injury lawyer to best represent you.