OMAHA, Neb. (AP) - Members of an Omaha family have changed their minds about settling a lawsuit alleging excessive force by police officers and have asked the Omaha City Council to vote against the deal.
Members of the Johnson family on Tuesday asked the City Council to vote against the settlement they had reached during mediation in federal court. Sharee Johnson said she and the others didn’t realize their oral agreement was binding. She said the family wants its day in court.
The agreement calls for the city to pay $6,000 to each of the five family members who filed the lawsuit and to pay up to $60,000 toward their attorney fees.
Her son Octavius Johnson said he felt pressured into the agreement and that the money was insufficient. What the family really wants, he said, is for the city to say the officers made a mistake on March 21, 2013.
Assistant City Attorney Ryan Wiesen said if the Johnsons want to withdraw from the deal, they must go before a judge.
Their attorney, Diana Vogt, told the council she felt bound by the agreement, “but that’s not what my clients want.”
The council voted 5-2 to delay a decision so members can study the settlement.
The lawsuit filed in January 2014 alleges excessive force was used during an illegal search and seizure. It doesn’t seek a specific amount.
Officers responding to a parking complaint that day have said Octavius Johnson approached officers in an aggressive manner. But video secretly taken by a neighbor shows Officer Bradley Canterbury grabbing Octavius Johnson from behind and throwing him to the ground. Later the officer is seen punching Johnson in the face.
Other officers entered Johnson’s mother’s house. Family members have said officers knocked the brothers’ aunt from her wheelchair inside the home while they beat Juaquez Johnson and took a cellphone and a video camera that Juaquez and his brother Demetrius were using to record Octavius’ arrest.
Octavius, Juaquez and Demetrius Johnson were arrested but only Demetrius Johnson was charged on an outstanding warrant. It was for littering. The charge was later dropped.
Canterbury and three officers involved were fired. Two got their jobs back after arbitration.
___
Information from: Omaha World-Herald, https://www.omaha.com
Please read our comment policy before commenting.