APD settles another use-of-force case from 2020

The city of Austin has settled another case involving use of force against a citizen during the August 2020 protests against police violence. According to a news release from the Kaplan law firm, city officials agreed to and have paid a $55,500 settlement to Eli Winkelman on behalf of the city and two Austin police officers for their use of force against her.

A city spokesperson told the Austin Monitor via email, “The City reviewed the case and determined that the settlement was an appropriate resolution.”

The settlement was announced on Wednesday, the day representatives of the Austin Police Association began public negotiations with the city over a new contract. A city spokesperson told the Monitor, “Although this has not always been our practice in the past, the City’s negotiating team has agreed to the Police Officers Associations’ request to strictly comply with the statutory language. The contract will not be available until after it is ready for ratification under the statute. The proposed agreement will be available to the public prior to any council action. There are too many unknown factors to definitively say at this time how far in advance, but it will be as much as is reasonable and practical. Meetings will remain open to the public and will be live-streamed online.”

As of last May, the city had paid more $18.9 million to protesters injured in the protests of 2020.

The settlement with Winkelman was negotiated by city staff and did not go before Council because it falls below the threshold of expenditures requiring City Council approval.

According to the news release from the Kaplan firm, “Winkelman was filming the demonstration against police misconduct on August 29, 2020 when she noticed a fellow protester being arrested. When she approached in order to film the arrest, an officer knocked her phone out of her hand. When she asked for his badge number, he turned around and shoved her into another officer, who grabbed her by the neck and threw her to the ground, head over heels. Ms. Winkelman experienced symptoms of post-concussive syndrome and severe lingering pain.”

“This settlement is a crucial step in enabling Ms. Winkelman to move forward from this traumatic event,” said attorney Maff Caponi. “But this is an unfortunate reminder of the disturbing behavior that APD exhibits to peaceful protests against police violence—which was to respond with more police violence. We believe lawsuits like this one are important and necessary tools to hold the City accountable for violations of people’s constitutional rights, and to send a message that the people of Austin expect better from its officers.”

Photo made available through a Creative Commons license.

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