Police pay $250,000 to suspect who sued
A man who suffered a broken neck during his 2001 arrest has agreed to accept a $250,000 settlement from the Metropolitan Police Department.
Frankie Davis, a former Las Vegas resident who filed a federal lawsuit in connection with the incident, rejected the same settlement offer in June. But Davis recently changed his mind as the trial date for the civil case approached.
"The whole thing was traumatic for him, and I think he just kind of wanted to end it," said his lawyer, Barry Levinson.
The lawsuit, which sought at least $11 million, accused officer David D. Miller of using excessive force when he arrested Davis on Nov. 7. 2001, at the Las Vegas Club, at Fremont and Main streets.
"We feel the result vindicates officer Miller, as it simply pays Frankie Davis’ medical bills," said attorney Craig Anderson, who represented the police department in the civil case.
U.S. District Judge James Mahan dismissed the claims against Miller and his supervisor in 2004 after ruling that the two officers were entitled to immunity.
Last year, the 9th U.S. Circuit Court of Appeals in San Francisco reversed Mahan’s decision regarding the claims against Miller and remanded the case for trial.
Jury selection in the case was scheduled to begin a week ago, but it was canceled after Davis accepted the department’s offer.
"It wasn’t the settlement that we had hoped for, but it put everything to rest," Levinson said. "It was a long fight."
The lawyer said the case had a number of "appealable issues" that could have dragged it out for several more years.
Attorney Lyssa Anderson, who represented Miller, stressed that the settlement does not equate to an admission of liability.
"Officer Miller has always taken the position that he acted reasonably and appropriately under the circumstances," the lawyer said.
Anderson said the settlement offer was an attempt to avoid the expense of a trial.
In addition, she said, "There’s always a level of uncertainty any time you take a case to trial in front of a jury."
Lyssa and Craig Anderson are not related and work at separate law firms.
According to the lawsuit, two Las Vegas Club security officers went to the 15th floor of the downtown resort around 12:30 a.m. and took Davis into custody for prowling.
The ruling by the appeals court stated that Davis was reading a magazine in an area of the casino that was not open to the public.
The lawsuit claimed security officers later watched as Miller slammed Davis against a wall in the security room.
The police officer then took Davis into the hallway, according to the document.
Miller "then proceeded to forcefully slam plaintiff Frankie Davis’ head at least twice against the wall of the hallway with such force that a mark was left in the wall," the complaint alleged.
Portions of the incident involving Davis and Miller were captured on video by surveillance cameras at the Las Vegas Club.
The video showed Miller punching Davis in the head while the handcuffed suspect was lying on the floor.
"Here, we have no question that any reasonable officer would have known that the force used was excessive," the ruling by the appeals court stated.
According to the court’s ruling, the Metropolitan Police Department’s internal affairs bureau conducted an investigation of the incident.
The bureau issued a report in which it concluded that Miller "did not use the minimal amount of force necessary and had options other than punching the suspect in the face" while the suspect was on the ground in handcuffs.
The department suspended Miller for 10 hours and ordered him to participate in use-of-force training.
County prosecutors, who declined to press charges against Miller, said his actions came in response to Davis resisting arrest.
Craig Anderson said department officials found that Miller violated internal policies, "but they did not feel that his conduct rose to the level of a constitutional violation that would subject him to liability."
Levinson said his client reached a confidential settlement with the Las Vegas Club years ago. He said Davis, 39, has recovered from his injuries and is living in New York.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or (702) 383-0264.
