City of Kent pays man $250,000 to settle police excessive force lawsuit

The city of Kent paid a 56-year-old Seattle man $250,000 to settle a civil-rights lawsuit that accused Kent Police of brutality and excessive force when officers and a K-9 unit stopped the man in February 2016.

David E. Lewis filed the suit Feb. 15 in U.S. District Court in Seattle. The suit was against the city of Kent, Officers Eli Morris, Eric Tung and Eliot Hale and former Officer Richie Plunkett. Lewis sought compensatory and punitive damages.

“Although the city believes the force used to arrest Mr. Lewis was reasonable under the circumstances, the city decided it would be more economical to settle his claim than to litigate it,” City Attorney Pat Fitzpatrick said in a Tuesday email. “The city settled Mr. Lewis’s claim for $250,000, which is less than the city would have paid to defend the case through trial.”

Lewis had requested a jury trial.

The city spent approximately $43,500 in legal fees on the case, Fitzpatrick said. The city hired attorney Geoff Grindeland of the Bainbridge Island-based Seamark Law Group to represent Kent. The firm specializes in defending cities and counties in civil-rights cases.

Seattle attorney Jordan A. Taren, who represented Lewis, said his client asked him not to speak or provide any information to the press about the settlement. The Shishido Taren law firm sent a press release in February to the Kent Reporter to announce the lawsuit, “because of its public importance.”

According to the complaint, Lewis was walking at about 1:47 a.m. on Feb. 18, 2016, in the 25800 block of Pacific Highway South on Kent’s West Hill, when a police vehicle cut him off. Lewis stopped walking after Officer Morris pulled his vehicle in front of him. Morris yelled at Lewis that he had a warrant, but didn’t reveal what it was for after Lewis asked him. The attorneys for Lewis claim it was an alleged misdemeanor warrant.

Morris reportedly exited his vehicle with his Taser drawn and pointed it at Lewis. K-9 Officer Tung and his dog Kato arrived on the scene as Morris exited his vehicle. A third police vehicle pulled in behind Lewis, who carried a cellphone in one hand and an empty plastic detergent laundry jug in the other.

Tung then released Kato and directed the dog to attack Lewis, who reportedly didn’t exhibit any signs or aggression or resistance and his hands were visible at all times.

Lewis backed up as the dog attacked and held the jug to try to protect his legs from being bit. When Lewis stepped back, Officers Morris, Tung and Plunkett also charged him. Morris shot Lewis in the leg with his Taser, according to the court papers. Tung used his flashlight and hit Lewis at least three times in the back and head, including while Lewis was on the ground covered by two officers with Kato biting and ripping his leg.

Plunkett and Morris allegedly had tackled Lewis to take him to the ground, causing his head to hit the pavement which led to injuries to his face and teeth. Plunkett repeatedly kneed Lewis in the ribs. Tung continued to direct the police dog to attack and the dog tore into the leg of Lewis, biting him at least four times, which caused cuts and puncture wounds. Hale allegedly helped hold Lewis down and with unreasonable force reportedly drove his head into the ground.

Police arrested Lewis that night for investigation of resisting arrest and crimes against a K-9 officer. Paramedics transported Lewis to Valley Medical Center in Renton with injuries to his legs and face. A Kent Municipal Court trial in November 2016 resulted in a hung jury and prosecutors later dismissed the case.

Kent Police Chief Rafael Padilla released the following statement after the suit was filed by Lewis.

“I’m aware that a K-9 was used to help apprehend Mr. Lewis during an incident three years ago and that Mr. Lewis sustained several lacerations to his leg,” Padilla said. “The use of force was reviewed by the chain of command and found to be within policy.”

The suit claimed the officers violated the Fourth Amendment rights of Lewis to not be subjected to unreasonable seizure with their use of excessive force and deploying a dangerous K-9 unit.

Two other dog attack cases

Besides the recent payment to Lewis, the city of Kent paid $45,000 to Wilbur Woodfolk in May 2018 to settle a dog-bite claim in connection with a March 2016 attack.

“The city settled that case because Mr. Woodfolk was an innocent bystander who was accidentally bitten when the police dog confused him with a fleeing suspect,” Fitzpatrick said.

In a third case, Aubrey Taylor filed a dog-bite suit against the city for another 2016 attack. That case is pending, Fitzpatrick said.

“The city has filed a motion to dismiss Mr. Taylor’s lawsuit and is awaiting a ruling by the court,” Fitzpatrick said. “The city cannot comment further on this case as it is being actively litigated.”

All three of the attacks were by the K-9 Kato, who has since been retired. A German shepherd, Kato made the news in 2013 after recovering from a stab wound by a suspect.

Fitzpatrick had the following response when asked by the Kent Reporter if the three cases caused any discussion or plans to change how police dogs are used.

“While the city’s review of these three incidents did not reveal any need for policy changes, the Kent Police Department continuously researches, reviews and updates policy and practice to ensure it provides law enforcement services that are consistent with the law, are in line with best practices, and are responsive to the needs of the community,” Fitzpatrick said.

“In addition, Kent Police policies and procedures are reviewed and scrutinized by the Washington Association of Sheriffs and Police Chiefs through the state law enforcement accreditation process which is occurring again this August. Kent PD believes it has taken the necessary steps to ensure that its K-9 units are highly trained, are used in a manner consistent with the law and lawful police policies, and only when appropriate.”