Dallas to Pay Lavell Fairbanks $500,000 Settlement: Black Man Brutally Beaten by Police, Denied Care

From [HERE] and [MORE]  The Dallas City Council voted to settle two police brutality cases. Both cases involved police officers accused of beating Black men who were already subdued and defenseless.  One case involves Lavell Fairbanks (see the other below), who in October 2008 called 911. He told police he and his girlfriend were having an argument; he acknowledged he'd been drinking, which is why, he said, he took off running when officers arrived at his doorstep. After he surrendered to officers, witnesses state Police beat Fairbanks repeatedly with a flashlight, resulting in part of his skull being removed. The civil case filed by Fairbanks to recover damages from the city was scheduled to go to trial last week for a second time. An initial trial in January resulted in a hung jury.

A married couple who witnessed the arrest said they saw an officer hitting Mr. Fairbanks on the head repeatedly with a flashlight before and after the man was handcuffed. They say they saw an officer hit him repeatedly while he was motionless- as many as six, eight times. Their account differs from what the officers told investigators. The officers contend they struck Mr. Fairbanks once in self defense. [MORE]

Although Police called a Dallas Fire-Rescue ambulance to the scene after Mr. Fairbanks was handcuffed and beaten, paramedics' decided not to transport him to the hospital. Fairbanks was taken to jail via police car about 7 p.m., where he was again evaluated by medical personnel. He was put him in a special holding area with additional supervision and was taken to Parkland after having been found lying comatose in his jail cell about 11:50 p.m., officials said. [MORE]  At the hospital he underwent emergency brain surgery that included removal of part of his skull.

Mr. Fairbanks said he remembers running and jumping down the stairs from the second-floor apartment. He denied falling, as the officers claimed. The officers told investigators they ran after him because they were concerned Mr. Fairbanks was going to try to drive from the location. Mr. Fairbanks said he does not have a car.

The civil case filed by Fairbanks to recover damages from the city was scheduled to go to trial last week for a second time. An initial trial in January resulted in a hung jury.

But Mike Skinner, Fairbanks' attorney, said that he received a call from the city attorney's office a month ago about settling; an agreement was reached two weeks ago. "I am happy for Mr. Fairbanks to get some compensation. His injuries were substantial, and he could have recovered more" had the case gone to trial again, Skinner said.

"But we had our challenges in the case, such as jurors want to give officers the benefit of the doubt. It's like many settlements in that it's a compromise," Skinner said. [MORE]