Pubdate: Fri, 20 Feb 2004
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2004 Sun-Sentinel Company
Contact:  http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Anthony Colarossi, Sentinel Staff Writer
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

ORLANDO PAYS $169,000 TO SETTLE WRONGFUL ARREST

D. Uriyah Ajamu Was Hospitalized After Orlando Police Mistakenly Dragged 
Him From His Duplex

The city of Orlando has paid nearly $170,000 in damages and attorneys fees 
after a wrongful-arrest and excessive-force trial involving city police 
officers.

The settlement agreement reached this week stems from the case of D. Uriyah 
Ajamu, who lives in the Parramore area and alleged that his civil rights 
were violated when police stormed his duplex apartment by mistake in August 
1999.

Ajamu's lawyer, Howard Marks, who collected almost $150,000 of the 
settlement, said the city could have settled the case for $50,000 or less, 
plus an apology, if it had not taken the case to trial.

The police were looking for suspected drug dealers operating in the 
apartment next door to Ajamu's.

Though he had no involvement in the drug activity, police aimed guns at 
Ajamu, dragged him from his apartment, and patted him down. Ajamu was 
hospitalized as a result.

During a trial in November, a six-member jury found that three officers did 
not violate Ajamu's constitutional rights.

Jurors also found that police did not use excessive force in detaining him.

But earlier in the trial, Orange Circuit Judge Donald Grincewicz 
independently found that Ajamu had been falsely arrested and had become the 
subject of an unconstitutional pat-down.

That ruling prompted a $20,000 award for Ajamu's medical expenses and 
damages for pain and suffering and mental anguish.

It also allowed Marks to bill the city for his fees and costs. Documents 
detailing the agreement reached Monday say the city paid Marks $24,000 in 
costs and $125,000 in attorney fees.

The city ended up paying a total $169,000 to Marks and his client.

On Thursday, Marks said the case could have been settled much sooner and 
less expensively.

The original amount the city offered before trial, however, was 
unacceptable, he said.

Lee Lombardy, assistant city attorney, said, "The settlement negotiations 
prior to trial aren't relevant."

She added that pre-trial mediation sessions are also confidential.

Marks said he hopes Orlando police learned a lesson from the case: Don't 
pat down or detain individuals without probable cause or reasonable belief 
they've engaged in criminal activity.

"I would certainly hope they have changed their policy now to comply with 
the U.S. Constitution," Marks said.

"You simply can't do that, at least in the United States. Hopefully after 
this trial they'll modify that behavior."

Orlando police spokesman Brian Gilliam said the department has not changed 
how it handles pat-downs and detentions when search warrants are involved.
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