Settling for Misconduct
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Case 11-CV-8872

$100,000

EXCESSIVE FORCE

Traffic stop Excessive force Shooting False arrest or report Gun Nightstick Taser Hospitalized

Plaintiff: Demetrius Whitney

Incident date: 12/27/2009

Location: 500 E. 79th St.

Allegations:

Whitney was driving when Officers Hamilton and Rodriguez stopped him. They ordered Whitney to step out of the car, place his hands on the roof of the car and spread his legs. He complied. The officers never told Whitney why he was being stopped. Rodriguez patted him down and started twisting his arm, causing Whitney severe pain. Hamilton then hit him on the side of the head with a blunt object, causing severe bleeding. Whitney fell to the ground, where the officers beat and kicked him. Fearing for his life, Whitney fled. The officers ran after him, threatening to shoot if he didn't stop. Whitney stopped and raised his arms in surrender as his back was turned to the officers. The officers began to shoot at him, striking him eight times from the back. He fell to the ground, face down and was shocked with a Taser two times. He was taken to the hospital in critical condition. Rodriguez claimed that he had found a firearm in Whitney's front pocket during the original pat down, and that he had retrieved a firearm from Whitney's hand after he had been shot and tased. Video surveillance tape from a nearby residence captured the pursuit, showing that Whitney had nothing in his hands. Whitney suffered serious injuries and underwent multiple surgeries.

JANELLE HAMILTON

POLICE OFFICER

29364
$100,000 total payments

RICHARD RODRIGUEZ

POLICE OFFICER

28193
$100,000 total payments