LR, arrestee settle; lawsuit dismissed

A federal lawsuit filed against the city of Little Rock by a woman who said she was unlawfully arrested and physically abused by police in 2010 was dismissed Friday after a settlement agreement.

U.S. District Judge Leon Holmes granted a motion filed Thursday by attorney Reggie Koch to dismiss the case with prejudice. Koch filed the motion on behalf of Betty Fleming, who contended in the suit that she was falsely arrested after an August 2010 traffic accident and locked in a police patrol car without air conditioning.

The suit, filed in August 2013, states Fleming had her teeth knocked out when she was forcefully placed in the car by then-officer Jason Gilbert, and she was held in jail for eight days on trumped-up charges of disorderly conduct, attempting to influence a public official and terroristic threatening. The charges were later dismissed.

The only explanation for the arrest was that Gilbert believed Fleming was "talking to him like he was a child," the suit states.

City Attorney Tom Carpenter said Friday that the suit was settled for $3,000 or less but could not provide a specific amount because the case was handled by Deputy City Attorney Amy Fields. She did not return calls late Friday afternoon seeking details on the case. Koch also did not return calls seeking comment.

Gilbert, a third-generation Little Rock police officer, was fired from the department in 2011 after his indictment on charges that he conspired with three other central Arkansas police officers in the robbery of an armored car. He was convicted in 2012 and sentenced to 31/2 years in prison.

Carpenter said the settlement was not a reflection of guilt on the city or Gilbert, and Gilbert "hadn't done anything wrong, in this instance." The city settled because it was less expensive than representing Gilbert in the case, he said.

Carpenter added that he believes the suit would've been eventually dismissed.

"There were parts of us that wanted to go ahead and fight this thing all the way through," he said.

The suit also named Sgt. Corey Hall as a defendant, stating that he was Gilbert's supervisor and he arrived on the scene after Fleming's arrest. Fleming pleaded with Gilbert and Hall to open a window while she was handcuffed in the hot patrol car, but "Hall and others only laughed at [Fleming] and lectured her about how next time she would learn to show police officers more respect," according to the suit.

The response to the suit, filed in August 2013, said Hall was not present after Fleming's arrest, and he was not Gilbert's supervisor.

Hall was fired by Little Rock police in 2011 for participating in a bar fight, but he sued the city and was reinstated. His rank was bumped down from sergeant to rookie officer.

Metro on 09/20/2014

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