Post by KC on Jan 6, 2007 20:08:41 GMT -5
The Portland City Council this week voted to pay $34,500 to a Lake Oswego man who was slapped in the face by a Portland police officer while handcuffed in custody last year.
The payment will settle a federal lawsuit filed by Austin Wade Leroux, 28, against the Portland Police Bureau and the officer, who resigned after a criminal investigation.
The incident stemmed from a fight during a downtown Mardi Gras celebration early March 1. Leroux was taken into custody after fighting with someone at the corner of Northwest Fourth Avenue and Couch Street about 1:30 a.m. Officer Dennis Bell, a 30-year bureau veteran, handcuffed Leroux and had him sit on the bumper of a police van.
Leroux, in his lawsuit, said he asked the officer if he was under arrest and, if so, why. According to Leroux's suit, Bell cursed at Leroux and called him a drunk, then violently smacked Leroux across the face without provocation. Leroux was taken to a detoxification center but was never charged with a crime.
Portland police investigated Leroux's complaint, and Multnomah County prosecutors declined to file charges against the officer.
"Based on the minimal nature of the contact between Officer Bell and Mr. Leroux, which consists of a slap to the face, no criminal charges will be filed," wrote senior deputy district attorney Don Rees in an April 10 office memo. "Through his attorney, Mike Staropoli, Officer Bell states he will immediately resign from his employment with PPB; agrees to accept a written reprimand from PPB and has written a letter of apology to Mr. Leroux."
Bell retired April 13. On Friday, Staropoli said he had no comment on the incident or the settlement.
Leroux's lawyer, Michael Levine, said he was satisfied with the outcome.
The Oregon Department of Public Safety Standards and Training reviewed the case to determine if Bell violated the state's police standard for moral fitness, which might cost him his certification. At a November committee meeting, Robert King, president of the Portland Police Association, argued it was an isolated incident during Bell's 30-year career. Bell had no other sustained complaints against him.
"By the descriptions of the contact, it wasn't substantial and it did not leave a mark," King said. "If officers somewhere along the course of their careers have an incident where they somehow lose their temper, they shouldn't be at risk of losing their certification."
Yet Dave Burright, former Linn County Sheriff who now heads the Oregon State Sheriff's Association, argued before the committee that the conduct was inappropriate.
"I really struggled with this one. You don't strike somebody in custody who is cuffed up," Burright said. "You just don't do it."
Burright also disputed an explanation from Bell's attorney that the slap was to control the prisoner.
"What a bunch of malarkey. . . . He lost his cool. He got mad. He hit the guy," Burright said. "At least tell the truth and let the chips fall."
Yet Burright joined the other committee members in not recommending Bell's decertification because it did seem to be an isolated incident in his career.
The city council approved the $34,500 settlement on a 4-0 vote Wednesday. Commissioner Sam Adams was absent.
www.oregonlive.com/news/oregonian/index.ssf?/base/news/1168053907122980.xml&coll=7
The payment will settle a federal lawsuit filed by Austin Wade Leroux, 28, against the Portland Police Bureau and the officer, who resigned after a criminal investigation.
The incident stemmed from a fight during a downtown Mardi Gras celebration early March 1. Leroux was taken into custody after fighting with someone at the corner of Northwest Fourth Avenue and Couch Street about 1:30 a.m. Officer Dennis Bell, a 30-year bureau veteran, handcuffed Leroux and had him sit on the bumper of a police van.
Leroux, in his lawsuit, said he asked the officer if he was under arrest and, if so, why. According to Leroux's suit, Bell cursed at Leroux and called him a drunk, then violently smacked Leroux across the face without provocation. Leroux was taken to a detoxification center but was never charged with a crime.
Portland police investigated Leroux's complaint, and Multnomah County prosecutors declined to file charges against the officer.
"Based on the minimal nature of the contact between Officer Bell and Mr. Leroux, which consists of a slap to the face, no criminal charges will be filed," wrote senior deputy district attorney Don Rees in an April 10 office memo. "Through his attorney, Mike Staropoli, Officer Bell states he will immediately resign from his employment with PPB; agrees to accept a written reprimand from PPB and has written a letter of apology to Mr. Leroux."
Bell retired April 13. On Friday, Staropoli said he had no comment on the incident or the settlement.
Leroux's lawyer, Michael Levine, said he was satisfied with the outcome.
The Oregon Department of Public Safety Standards and Training reviewed the case to determine if Bell violated the state's police standard for moral fitness, which might cost him his certification. At a November committee meeting, Robert King, president of the Portland Police Association, argued it was an isolated incident during Bell's 30-year career. Bell had no other sustained complaints against him.
"By the descriptions of the contact, it wasn't substantial and it did not leave a mark," King said. "If officers somewhere along the course of their careers have an incident where they somehow lose their temper, they shouldn't be at risk of losing their certification."
Yet Dave Burright, former Linn County Sheriff who now heads the Oregon State Sheriff's Association, argued before the committee that the conduct was inappropriate.
"I really struggled with this one. You don't strike somebody in custody who is cuffed up," Burright said. "You just don't do it."
Burright also disputed an explanation from Bell's attorney that the slap was to control the prisoner.
"What a bunch of malarkey. . . . He lost his cool. He got mad. He hit the guy," Burright said. "At least tell the truth and let the chips fall."
Yet Burright joined the other committee members in not recommending Bell's decertification because it did seem to be an isolated incident in his career.
The city council approved the $34,500 settlement on a 4-0 vote Wednesday. Commissioner Sam Adams was absent.
www.oregonlive.com/news/oregonian/index.ssf?/base/news/1168053907122980.xml&coll=7