Neal Augenstein | naugenstein@wtop.com
An unarmed Black man who was shocked
with a stun gun wielded by a white Fairfax County police officer in June 2020
has reached a settlement in a federal civil rights lawsuit, WTOP has learned.
Two months ago, a jury found Officer
Tyler Timberlake not guilty of three counts of assault and battery after using
his Taser stun gun on Lamonta Gladney while responding to a call in the Mount
Vernon area.
In March 2021, Gladney filed a civil
rights lawsuit against the officer, claiming Timberlake’s actions violated
Gladney’s constitutional rights against unreasonable search and seizure, and
equal protection under the law.
Court records obtained by WTOP show
Timberlake’s attorney, Heather Bardot, has notified the judge that the case has
been settled and the settlement has been approved by the Fairfax County Board
of Supervisors.
WTOP has asked for the details of the
settlement but Timberlake’s and Gladney’s attorneys, and a Fairfax County
spokesman declined to provide specifics.
Contacted by WTOP, Gladney’s
co-counsel, Bruce Godfrey, said he “was favorably impressed with the
professionalism of opposing counsel” for Timberlake and Fairfax County. He
declined to describe the financial terms of the settlement.
“We believe now, and believed while
filing, that our case was well-founded,” Godfrey said, referring to his
co-counsel Thomas Hennessy. “We think the case is worthy of study, on the
doctrine of qualified immunity, which is one of significant public policy
interest.”
Qualified immunity, based on U.S.
Supreme Court rulings, protects officers from lawsuits unless it can be shown
their actions violated “clearly established” rights a reasonable person should
know about.
In earlier filings, Bardot told the
judge the parties had reached agreement on April 27 “to resolve this case fully
and finally,” subject to the approval of the Board of Supervisors, who met in
closed session on May 10, with outside counsel, Jim Guynn.
Bardot wrote Guynn had extended the
settlement offer, after meeting privately with the Board “to discuss the case
and obtain direction and settlement authority.”
On May 10, Bardot updated the court
that the case had been settled and asked that Timberlake’s civil trial, which
was scheduled to begin May 16, be removed from the court’s docket.
Board of Supervisors Chairman Jeff
McKay said there will be no liability admitted by either party in connection
with the case. He declined to specify how much the county paid in the
settlement.
“Moving forward, I have full faith in
Chief [Kevin] Davis and the Fairfax County Police Department to continue making
progress on important issues such as use of force, de-escalation,
communication, community outreach and building trust,” McKay told WTOP, in a
statement. “Fairfax County is the safest jurisdiction of its size in the U.S.
and that is due to our police department and our community working together to
achieve this.”