Settling for Misconduct
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Case 13-CV-63

$2,100

ILLEGAL SEARCH/SEIZURE

Plainclothes Excessive force Illegal search/seizure Physical force

Plaintiff: Daryl Smith

Incident date: 12/04/2012

Location: 6615 S. Hermitage Ave.

Allegations:

Smith parked his parents' red pickup truck outside their garage, taking care not to block the alley. He noticed a white male in dark clothing drive slowly past the truck in an unmarked car. The man asked about the red pickup. Smith explained that he was waiting for the overhead door to open to place the car inside. The man insisted that Smith move the truck or that he would receive a ticket for blocking the alley. Smith explained that the truck was not blocking the alley, since the unmarked vehicle was able to pass through. The man identified himself as a police sergeant and exited the vehicle to ask Smith for his identification. Smith refused and asked if he could put the truck in the garage, but the officer moved his vehicle to block him. Smith called 911, and several unmarked vehicles soon entered the alley. All were driven by white men in dark clothing. Smith told his son to photograph the vehicles in the alley so they could contest any parking tickets. Video was taken to show that the red pickup truck was not blocking traffic. Officer Wolf began to write a ticket for Smith, while Smith and his son began to go into the garage. Officer Wolf entered without permission and grabbed Smith by the arm. Other officers pushed him against the red pickup truck, while Officer Wolf took Smith's identification to look him up. Soon after, all of the officers left the scene and did not charge Smith with any criminal charges.

TIMOTHY WOLF

LIEUTENANT OF POLICE

133326067
$2,100 total payments