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Man In Custody Sued Police For Beating
Part Of Incident Captured On Videotape
$210,000 Settlement
Plaintiff Charles Mason, 29, filed a §1983 suit against the Blue Springs Police Department, claiming that he was assaulted in the police station after being taken into custody on an outstanding warrant.
In March 1999, Mason was stopped as a pedestrian by police, who contended there was an outstanding warrant for his arrest. Mason requested an aspirin while in custody. He was advised that he would need to be taken to the hospital, even for the dispensing of a non-prescription painkiller.
Mason claimed that while he was using the telephone in a holding cell, the defendant police officer yanked him from the booth and threw him to the concrete floor, knocking him unconscious. He claimed the officer was upset about having to take him to the hospital for an aspirin. Mason suffered a head injury and later developed a fibrous mass on his forehead, which required plastic surgery to remove. He also claimed he suffered a herniated disc as a result of the incident.
The defendants claimed that Mason was not knocked unconscious but rather was under the influence of alcohol and/or drugs. They also asserted that the officer acted in self-defense when Mason resisted. The defendants claimed there was no evidence of a herniated disc. Mason did not receive treatment for a back injury.
Part of the incident was captured on videotape. although the sound was not working.
Mason filed suit against the City of Blue Springs and the police officer. In addition to his §1983 claim, Mason asserted negligent training and supervision claims against the city.
Type of Action
: 42 U.S.C. §1983, civil rights, negligent training and supervision
Type of Injuries
: Back and head injury
Court/Case Number/Date
: U.S. District Court, Western Districtl4-99- 0fl81-ODSINov. 8, 2000
Caption
: Mason v. City of Blue Springs, et al.
Judge, Jury or ADR
: Jury
Name of Judge
: Ortiie Smith
Verdict or Settlement
: $210,000 settlement
Special Damages Claimed
: $9,921 medical bills
Allocation of Fault
: N/A
Last Offer
: N/A
Last Demand
: N/A
Attorney for Plaintiff
: David M. Peterson, Peterson & Associates, Kansas City
Insurance Carrier
: Marcit
Plaintiff's Experts
: Dr. Kirk Ridley, Belton (family practice); Christopher W. Sager, Kansas City (police procedure and training)
Defendant's Experts
: None
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