Settling for Misconduct
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Case 09-CV-5153

$69,500

FALSE ARREST

Home invasion Physical disability Racial epithets Excessive force False arrest or report Hospitalized

Plaintiff: David Richter

Incident date: 07/28/2008

Allegations:

Richter, 18, was sitting on the front porch of his grandmother's house with his cousins when Officer Thomas and Officer Fitzgerald drove their marked squad car up to the house and sat to watch the house for a few minutes. They then drove down the street, turned the car around and got out. Both officers yelled at Richter and his cousins to leave the front porch and informed them that they were under arrest. They yelled out racial epithets at Richter and his cousin, who are both Latino. Thomas and Fitzgerald dragged Richter and his cousin to the squad car and threw them against it. An adult family member, who had watched what was happening, told the officers that Richter and his cousin had done nothing wrong. One of the officers said they had received a call informing them that drugs were being sold at that address. The officers eventually released Richter and his cousin without explanation and left. They also refused to give their badge numbers after being asked to identify themselves. Richter has cerebral palsy, and after his encounter with the officers, suffered several seizures and had to be hospitalized.

JOSEPH FITZGERALD

POLICE OFFICER

1995423551
$144,500 total payments

ANDREW THOMAS

POLICE OFFICER

1170127565
$99,500 total payments