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. - --- MAP posted-by: Jay Bergstrom