We can do what the hell we want, WE ARE THE POLICE YOU KNOW.
Settlement would end civil rights complaint related to North Port Police dog bite
Story by Earle Kimel, Sarasota Herald-Tribun
NORTH PORT – The North Port City Commission will be asked to approve a $130,000 settlement agreement with Matthew C. Poulin that would end a federal civil rights complaint for excessive force from an October 2017 arrest when Poulin was bitten three times by a police dog after he was tased three times.
The agreement, which is on the consent agenda for Tuesday’s North Port City Commission meeting, must be approved because it exceeds a $100,000 ceiling for settlements.
The funds would be paid by the city’s “excess carrier” for claims.
Basis for the civil rights case against the North Port Police
North Port Police Officer and K-9 handler Chad Walker is facing a federal civil rights complaint for excessive force, while five other officers Keith Bush; Matthew Lagarce, John Contorno, Stephen Cambria and Sgt. John “Mike” Hetteberg faced complaints for failure to intervene in the Oct. 17 incident.
Walker’s complaint was related, in part, to the opinion of U.S. District Court Judge William F. Jung, who had reviewed several available videos – including a dash cam video that showed Poulin meandering and stumbling, as well as tripping prior to making contact with Walker. Jung determined that by the time Walker released Dutch to bite Poulin, “the need for force was significantly diminished.”
“Mr. Poulin, still unarmed, was sitting upright in the small gully next to the parked trailer with his legs spread before him as five police officers stood on higher ground to his right,” Jung wrote. “As an initial matter, the use of a K-9 on a stationary, contained, and unarmed suspect represents a significant increase in force from the use of a taser.”
A pattern of excessive force for North Port Police
The incident happened late in the tenure of former North Port Police Chief Kevin Vespia and was the last in a series of incidents that prompted four other federal lawsuits filed against the city of North Port citing excessive force because of K-9 bites.
A year-long investigation conducted by the Herald-Tribune that was published in July 2015 found that North Port K-9 handlers commanded their dogs to attack more people from 2010 through 2014 than the K-9 handlers in the neighboring municipalities of Sarasota, Bradenton, Palmetto, Venice and Punta Gorda combined.
What the settlement means for North Port
Should the city commission approve the settlement, that would end the complaint against the six officers, five of whom are still employed by the city of North Port.
The sixth, Bush, is now a detective with the Manatee County Sheriff’s Office.
K-9 Dutch retired earlier this year.
This article originally appeared on Sarasota Herald-Tribune: Settlement would end civil rights complaint related to North Port Police dog bite
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