Accountability
New Jersey county agrees on $10 million settlement to man paralyzed after police encounter
Camden County in New Jersey has settled a federal excessive force lawsuit filed by a man who was paralyzed during a 2014 police encounter for $10 million.
The lawsuit, filed by 29-year-old Xavier Ingram, lists Camden County, the Camden County Police Department, then-Assistant Chief of Police Orlando Cuevas and then-Police Chief John Scott Thomson, as well as three police officers involved in the incident Jeremy Merck, Antonio Gennetta and Nicholas Marchiafava as defendants.
The lawsuit accused the officer of using unnecessary, unjustified, excessive force, and of violating Ingram’s right to be free of unlawful and unreasonable seizure as protected under the Constitution. The lawsuit also accused Merck of failing to provide medical care as required by their training and failing to intervene, which resulted in the violation of Ingram’s constitutional and civil rights.
On June 12th, 2014, Ingram ran from police at the public housing complex where he lived, his attorneys said he had an outstanding warrant for a driving violation.
As he ran, Ingram later fell and he said that three Camden County police officers, Jeremy Merck, Nicholas Marchiafava and Antonio Genetta, beat him and that Merck stepped on his neck. Ingram testified during the trial that he heard his neck crack after being stepped on before blacking out and waking up in a hospital on a ventilator.
Despite all parties agreeing to the settlement, attorneys for Camden County, the police department and the officers involved told CNN the settlement was a business decision spearheaded by the insurance carrier. The defendants say Ingram was not entitled to the settlement, their attorneys said, maintaining no wrongdoing.
Jay Blumberg, who was an attorney for Merck, said in a statement the insurance company “was concerned about the climate in which we live and that the jury would not be able to see past that.”
Dan Keashen, who is a media relations officer for Camden County and its police department, said in a statement following the settlement: “In complete disagreement, and based on the insurance carrier making a business decision and forcing the hand of Camden County, we will be settling the case with Mr. Ingram. We do not believe this is the right decision as we have reiterated over the last eight years of litigation.”
Camden County officials continue to argue Ingram injured himself when he ran from police during the encounter.
“Based on the settlement the county maintains, and continues to maintain, that no wrongdoing took place and is not liable for any of the actions and circumstances of the aforementioned incident,” Keashen’s statement continued.
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