Settling for Misconduct
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Case 15-CV-5898

$450,000

EXCESSIVE FORCE/SERIOUS

On duty Mental Illness Excessive force Shooting Gun Hospitalized

Plaintiff: LeVail Smith

Incident date: 07/04/2014

Location: 7536 N. Greenview Ave.

Allegations:

Smith is a disabled military veteran who won several Bronze Stars, ribbons and medals for his service. Smith suffers from post-traumatic stress disorder and was diagnosed as 100 percent disabled. Smith was with a friend at a laundromat when he stepped outside and a man handed Smith a beer. Officer Manning and his partner drove up to Smith in an unmarked car and got out. Manning placed his hand on his gun. Fearing for his safety, Smith ran from the officers, and Manning called on the radio for additional officers to pursue Smith for drinking on a public way. Several officers arrived and began chasing Smith, who hopped a fence, ran through an apartment building and exited through the back door, where he was met by several officers with their guns drawn. The officers yelled contradictory orders to get on the ground, turn around and put his hands up all at once. Smith put his hands up and began screaming, hoping to draw attention from nearby residents. Manning opened fire, and Officer Davilla and Sergeant Finley began shooting at Smith as well. Smith was struck by five bullets in his chest, arm and legs, and grazed by two bullets on his face and neck. The officers gave false accounts of the events to supervisors at the scene, which were then repeated in news reports. As a result of the shooting, Smith was permanently disfigured and disabled.

HECTOR DAVILA

POLICE OFFICER

25121
$450,000 total payments

ALLEN FINLEY

SERGEANT OF POLICE

20607
$450,000 total payments

TIMOTHY MANNING

POLICE OFFICER

28902
$450,000 total payments