A Nurse with a Gun

Monday, August 10, 2009

Settlement

The city of New Orleans has agreed to a settlement of an undisclosed amount with Robert Davis. After he was beat, stomped and kicked bloody in the streets of the French Quarter several weeks after Hurricane Katrina, Davis sued the city and the police officers responsible. U.S. District Judge Martin Feldman dismissed some of the claims Davis filed against the city, but refused to throw out the entire case against the city or dismiss former New Orleans police officer Robert Evangelist as a defendant.

Evangelist and other police officers were accused of using excessive force while arresting Davis on Oct. 8, 2005. The beating was filmed by an Associated Press Television News crew covering the aftermath of the hurricane.

Davis, then 64, was in town checking on property he owned. He heard there was a curfew, so he stopped to ask a police officer on Bourbon Street about the curfew. Davis claimed Evangelist intervened and slammed him against a wall, where he was kicked and beaten. Evangelist claimed Davis seemed disoriented and elbowed him in the chest when he approached him. "The video of the incident is chilling," Feldman wrote in his ruling. "While Evangelist states in his deposition that he never hit Davis in the head ... the video at best is clear on a central point: Davis was kicked (and) beaten by one or more police officers."

Trial was set to begin today. "It was a situation wherein it was in the best interests of all parties to resolve this matter," said Franz Zibilich, an attorney for the city.

Yep. I guess so........

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12 Comments:

Anonymous Anonymous said...

Lessee, Katrina was August 2005, this is August 2009. Hmmm.....I'd say New Orleans has already gotten a big freebie by dodging this bullet for 4 years.

I guess they were hoping Robert Davis would die sometime before the settlement became final, and wouldn't have anyone managing the estate to drive it to solution.

Someone tell me again why I'd ever want to visit New Orleans; I'm having trouble remembering....

3:08 PM  
Anonymous Anonymous said...

Post Katrina everyone was on edge none more than the police. Imagine having their own people abandon the city and go AWOL. Certainly a tough situation. With that said, the footage is hard to dispute that excessive force was used. I feel sorry for all parties involved.

4:48 PM  
Blogger Old NFO said...

I'm sorry, I wouldn't have settled... I'd have taken their asses to court and for every penny they had! The ONLY way you are going to get their attention is to hit them in the pocket book!

7:32 PM  
Anonymous Standard Mischief said...

http://edition.cnn.com/2009/CRIME/08/10/louisiana.katrina.shootings/

Feds search NOPD in post-Katrina shooting investigation


Also, have you ever wonder why, years after the fact, the name of the officers that attacked Patricia Konie in her home have yet to be made public?

10:52 PM  
Anonymous Anonymous said...

Not making any accusations either way, I do my best to stay far away from police. I have to deal with them every few years to renew permits, and I try to minimize contact as much as possible.

I liken them to rattlesnakes. They serve a very useful purpose in society, keeping things that aren't good for civilization in check, and under control. They do a nasty job, for not very much pay.

In spite of this reality, you don't invite them home for dinner. You don't befriend them, handle them, or even get close to them. You don't take them into your confidence, and you give them a respectful, wide berth when you happen to see one.

5:12 AM  
Anonymous Sans Authoritas said...

Giving the man other people's money makes it all better? Strange how cops are so slow to throw other cops in prison for assault, but so quick to slap on a "felony assault on a police officer" charge if you so much as push one away from a beating such as this.

Those thugs should be tried and executed for attempted murder. What's that? Attempted murder doesn't carry the death penalty? It should. If someone is willing to do something that he knows can cause death or grave bodily injury, he should be removed from society permanently. Like a rabid dog.

Such beasts have no respect for human life as created by God.

9:36 AM  
Anonymous Mike Harbour said...

X:

Wow, you guys down in the bayou actually have a federal judge named Marty Feldman (insert Igor joke here)? Sorry, I couldn't resist.

Mike Harbour
Helena, Montana

9:52 AM  
Blogger Glen said...

I am fearing the day (seems rapidly approaching) that officers will be dispatched to "deal with" us gun owners. The video of this event makes my blood boil. Times are going to get interesting. I will not be treated like that as long as I have breath in me.

1:34 PM  
Anonymous Anonymous said...

In the end, the victim will end up paying for his own compensation, along with everyone else who has money extorted from them at gunpoint, ala taxes.

Punishment for a crime? Deterrent? Not for your betters! :(

5:16 PM  
Anonymous Anonymous said...

When dirty cops are at play, city's will never let a case to trial.

Folks, there are dirty cops out there. Sad and as distasteful to admit to it, they exist.

THANK GOD FOR THE 1ST and 2ND AMENDMENTS!!!

5:29 PM  
Blogger Cargosquid said...

And that's why I'm not moving back to New Orleans....

Too many stories like that one.

Excessive force? Ya Think?

I've met many "refugees" coming from Katrina. Most of them black. All of them say "Hell no." when I ask if they are going back.

7:11 PM  
Anonymous Bob@thenest said...

I've read this post at least a half dozen times now and I still don't know how I really feel about it. On the one hand I'm glad to see it over, at least in some sense, for the family. On the other hand I'd like to have seen more exposure and an admission, or at least a finding, of guilt by the blue shirt(s) involved.

9:12 AM  

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