Council OKs lawsuit settlements related to injuries, land

City Council agreed Thursday to settle five lawsuits, including paying $1.2 million to a protester who was injured during the protests outside the Austin Police Department in May 2020.

Bomani Barton, who was shot by a police officer with three beanbag rounds, agreed to drop his suit against the city in return for compensation. Barton had sued both the city and the officer who shot him, Kyu An. In February 2022, a Travis County grand jury indicted 19 officers in connection with those officers’ actions during the protests, including An. (The Travis County District Attorney’s Office dropped its case against one of those officers, Nicholas Gebhart, earlier this year.)

The city had already paid $10 million to two other demonstrators who were injured in those protests. Austin paid $8 million to Justin Howell, in reportedly the largest settlement ever for Austin in such a suit. Howell suffered head injuries after being hit with beanbag rounds. The city also paid $2 million to Anthony Evans, who needed emergency surgery after his jaw was fractured by a beanbag round.

Assistant City Attorney Meghan Riley also announced the city will pay $1.675 million more than what was recommended by a court for land being condemned at 6315 Spicewood Springs Road. That property will become part of the Upper Bull Creek Greenbelt, helping the city to complete trail connectivity from the greenbelt to Canyon Vista Middle School.

Council Member Alison Alter said she was pleased that the city was finally acquiring the land.

“I’m excited to see this potential parkland acquisition move one step closer to completion,” she said.

In addition, the city will pay a total of $359,000 to settle litigation related to a condemnation lawsuit involving real property necessary for the Corridor Mobility Program on South Lamar Boulevard.

Two other settlements related to vehicle collisions between city employees and Austin residents. Christopher Velásquez and Mary Roldan will receive $112,000 to compensate for injuries they suffered in a crash with a Building Services vehicle. The city will also pay $97,500 to Noelia Cruz Villa to settle the suit resulting from injuries she and her child suffered as a result of an collision with a car driven by an Austin police officer.

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