Settling for Misconduct
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Case 09-CV-3166

$50,000

EXCESSIVE FORCE

Traffic stop Destroy/conceal/fabricate evidence Excessive force False arrest or report Physical force Gun Pepper spray Taser Drug charges

Plaintiff: Nickolas Lee

Incident date: 05/27/2007

Location: 2040 E. 75th St.

Allegations:

Lee and his nephew were driving in the South Shore neighborhood when Officers Riley, Duignan and Binfa pulled them over for a broken tail light. The officers ordered the two men out of the car, searched them and handcuffed them together, right wrist to left wrist. The officers told them to stand near the trunk of the vehicle while they searched the car. No contraband was found. Two additional officers, Turner and McInerney, arrived. Lee was freed from the handcuffs when one officer stated that he had found an expired search warrant from Memphis for Lee. After having the handcuffs removed and hearing that there was no valid warrant for his arrest, Lee thought he was free to leave, and began to walk back to the open passenger side door of his nephew's car. As he did so, one of the officers jumped on top of him and knocked him across the front seats of the car. The officer knelt down on the front passenger seat and choked Lee by wrapping both of his hands around his throat. While Lee was being choked, another officer placed his gun into Lee's mouth and said that he would shoot him. The officer removed the gun from his mouth, inserted a can of pepper spray and sprayed him in his mouth and face. Lee was ordered to roll out of the car onto the street on his belly, where his wrists were handcuffed behind his back. While handcuffed and lying on the street, Sgt. Rayl shot Lee with a Taser gun multiple times. Another officer attempted to snap Lee's fingers one by one and succeeded in breaking one finger. After assaulting him, the officers dragged him into a police wagon. He was taken to the police station and questioned about a bag containing a white, powdery substance that was not found on him or in his nephew's car. Lee was charged with possession of 15 or more grams of cocaine. He was in federal custody at the time he filed the lawsuit.

DANIEL BINFA

POLICE OFFICER

26386
$50,000 total payments

MARK DUIGNAN

SERGEANT OF POLICE

24919
$50,000 total payments

JOSEPH MC INERNEY

POLICE OFFICER

19341
$50,000 total payments

MURPHY RAYL

SERGEANT OF POLICE

20001
$662,501 total payments

ANDREW RILEY

POLICE OFFICER

26563
$58,273 total payments

RONALD TURNER

POLICE OFFICER

24226
$50,000 total payments