Deaths and Injuries in Police Custody

[Andrea]

City of Stockton Settles Abuse of Force Lawsuit Involving K-9

http://fox40.com/2016/06/13/city-of-stockton-settles-abuse-of-force-lawsuit-involving-k-9/

The city of Stockton will shell out $307,500 to settle a federal abuse of force case against the Stockton Police Department.

In grainy cell phone video, 18-year-old James Smith is handcuffed on the ground while a Stockton police K-9 repeatedly bites him. The video is hard to make out, but for Teresa Smith, it’s a clear example of Stockton police officers abusing their authority.

"I birthed him, I love him, and I will fight for him because I am his keeper!” said Teresa Smith of Stockton.

According to a complaint, the use of force event in question happened in November 2014 near Smith’s home on East Flora Street in Stockton.

Teresa Smith said the officers involved should have never used force on her son because he was born mentally disabled.

"They beat me up with a dog,” James Smith said.

On Monday, her attorneys with the Dolan Law Firm said the city of Stockton settled the civil lawsuit.

FOX40 also contacted the Stockton Police Department who said: “Out of respect for the litigation process they cannot comment.”

Officers said they were breaking up a fight.

Teresa Smith, who was at church at the time, claimed the neighborhood boys were just roughhousing.

Five officers are named in the complaint, including Houston Sensabaugh, now known as Houston Stevens. Attorneys claimed Stevens was involved in three deadly officer-involved shootings. Teresa Smith wants him off the force.

"I don't feel safe. Officer Sensabaugh did a crime and he need to pay for it,” she said.

Even though the case has been settled, Teresa Smith said she’ll never stop fighting for her son.

"Money, it can't buy justice,” she said.