Modesto pays $165,000 to settle excessive-force claim

The city of Modesto has paid $165,000 to settle a lawsuit filed against it that alleged two police officers beat and kicked a suspect while he was on the ground and handcuffed, breaking his jaw and causing other injuries.

Jack Allen Smith, 48, sued the city in federal court in Fresno in August 2014, alleging Officers David Watson and Randall Bolinger violated his civil rights and used excessive force when they arrested him on Jan. 12, 2013.

How much Modesto paid the Los Angeles law firm of Burke, Williams & Sorensen to represent it in the case was not available.

Police Chief Galen Carroll denied the allegations and said the case was settled because the officers inadvertently failed to turn on their body cameras as they approached Smith, though the officers turned on the cameras after subduing him. The cameras were not activated “because the officers got out and were immediately dealing with him. It is unfortunate because I believe a video of the incident would have vindicated the officers.”

Carroll said the Police Department had started to use cameras for patrol officers about a couple of months before the incident, so officers still were getting used to them. He said officers activate the cameras when they have what he called “enforcement contacts,” such as stopping a speeding motorist or making an arrest. Otherwise, the cameras are off.

Smith was represented by San Francisco attorney Sanjay Schmidt, who said he found it peculiar that both officers failed to activate their cameras but turned them on when they interrogated his client.

Carroll gave this account of the incident:

The two officers were in the area of Briggs Avenue and Martin Luther King Drive in west Modesto investigating a complaint of someone selling heroin. Smith put what officers believed to be a balloon filled with heroin in his mouth as the officers approached. The officers tried to get Smith to spit out the balloon and struggled with the suspect.

Smith grabbed Watson’s hand and tried to twist Bolinger’s fingers back. While the three struggled on the ground, Watson punched Smith in the face, and the officers retrieved the balloon and handcuffed Smith. Carroll said his officers did not strike Smith after they handcuffed him.

Carroll said Smith was on parole at the time. Stanislaus County Superior Court records show Smith pleaded no contest to a felony charge of possession of a controlled substance and to a misdemeanor charge of resisting an officer in the incident. A misdemeanor charge of battering an officer was dismissed.

Schmidt said resisting includes a range of behaviors, including fleeing and even talking. He said his client admitted having the heroin and has struggled with substance abuse.

The lawsuit claims Smith tried to get away from the officers, and they assaulted him when they caught him. The lawsuit claims the officers hit and kicked Smith while he was handcuffed and on the ground and broke the left and right sides of his jaw. Smith also suffered a broken tooth and severe facial trauma, according to the lawsuit.

Schmidt said a woman came out of her home after hearing loud noises and what sounded like someone being hurt. He said she was a reluctant witness but testified under oath during a deposition that the officers assaulted Smith. Carroll said the witness’s view was obscured by a fence and she did not have a good opinion of the police because her son was on probation.

This story was originally published November 16, 2015 at 3:18 PM with the headline "Modesto pays $165,000 to settle excessive-force claim."