Eureka Settles Suit With Protester for $50K
Press release from the City of Eureka:
The City of Eureka’s insurance carrier, Redwood Empire Municipal Insurance Fund (REMIF) has settled United States District Court Case entitled “Andrew Hamer, plaintiff, v. City of Eureka, et al.,defendants,”
action number 12-CV-6077-JSW. This action was filed against the City in 2012 after an incident occurring on November 14, 2011 during the Occupy protest at the Humboldt County Courthouse. The County of Humboldt had a separate action brought against them by Mr. Hamer.
Andrew Hamer had alleged that he was injured during an arrest in which Eureka Police Officers detained and handcuffed him. Virtually all of the events during the arrest are captured on multiple videos that support the accounts of the defendant officers. EPD officers made several arrests during the Occupy standoff at the County Courthouse along with officers from the Humboldt County Sherriff’s Office.
Officers used great care when dealing with each protestor and during Mr. Hamer’s arrest.
REMIF Counsel, Nancy Delaney of Mitchell, Brisso, Delaney & Vrieze, LLP, defended the City and its officers during the course of this action. The County of Humboldt settled its case with Andrew Hamer separate from the City of Eureka.
REMIF has settled with Andrew Hamer on behalf of the City of Eureka for $50,000. As noted in the settlement, the settlement is an “economic decision” based on the defense costs for a Federal Court trail. Furthermore, the settlement states “It is understood and agreed that this settlement is the compromise of a disputed claim, and that payment made is not to be construed as an admission of
liability on the part of any party or parties hereby released, and the said Released Parities deny liability.” The Eureka Police Department and its officers have been dismissed from the action.
The City of Eureka is confident that its police officers acted within the law and policies of the department and the City and its officers would have prevailed if this case had moved forward in court. However, the City does understand the cost to its insurer and ultimately the tax payers of the City of Eureka and supports the decision made by REMIF.