Man hit in face by Denver police officer to receive $75,000 settlement

Photo byTingey Injury Law FirmonUnsplash

A man peacefully sitting with his son in his car in their church parking lot was assaulted by a Denver police officer in June 2019 and will receive a $75,000 settlement.

The payoff appears on the Denver City Council agenda for Monday. The item is on the consent calendar. Items on the consent calendar are considered routine and generally pass in a block vote without discussion.

According to 9News, Aaron Hernandez senior and his son, Aaron Hernandez Jr., were sitting in their car after cleaning the church parking lot when police approached. The younger Hernandez had a warrant for his arrest and police moved to take him into custody, 9News reported. That is when the elder Hernandez, who was recovering from surgery and suffering from sciatica pain, began to get out of the car.

According to 9News, an officer struck Hernandez in the face with his elbow. The officer and another police officer both claimed Hernandez Sr. kicked them in the groin, 9News reported. Hernandez Sr. went to jail for three days, and it took nine months for charges to be dropped. Hernandez sued for excessive use of force, among other things, 9News reported. The lawsuit was filed in U.S. District Court as Case 21-cv-1538-PAB-MEH.

The Denver Police Department does not comment on matters concerning litigation.

YouTuber cashed in last month

Last month, an activist and YouTuber for people experiencing homelessness shared a $100,000 settlement from the City of Denver with her husband after they accused police of violating their civil rights, according to the agenda for Monday's meeting. She also received a second settlement for $30,000, according to the agenda.

Benson has a YouTube channel where she holds police accountable during homeless encampment sweeps. She has 22,700 subscribers and has posted nearly 800 videos.

Half a million dollars awarded in June

In June, the council awarded $500,000 in police and sheriff’s department settlements. The first, stemming from a lawsuit filed against the police department in U.S. District Court, case 2023 CV00750-RM-JPO, was for $100,000. The second settlement was for $400,000 to be paid to Scott Peters and stems from a prisoner’s civil rights allegedly being violated, according to Justia. According to Justia, the lawsuit lists as defendants the City and County of Denver, Daniel Rodriguez, John Doe 1, John Doe 2, John Doe 3-12, Mohammed Mohammed, Michael Fitzmaurice, James Casias, Billie Humbles, Daniel Trujillo, Ian Schiffhauer, Michael Bennett, Cherif Sarr and Noreen Roberson.

For the police lawsuit in U.S. District Court, case 2023 CV31159, the plaintiff is Lidya Ryans, and the defendants are Grisleit Blanco, Patrick Smith, and Christopher Brown.

Police settlements common

Police lawsuit settlements have become commonplace in Denver. In March, the council paid $20,000 to a man who alleged police falsely handcuffed him. In February, the council paid out $55,000 in settlements. In October, the council awarded $1.6 million to people injured in the summer 2020 protests of the death of George Floyd. In September, the council paid out more than $1.3 million in police settlements. A week earlier, Denver had paid out $1.1 million. In August, Denver paid out $4.7 million to people it had arrested for curfew during protests. In July, the city settled two lawsuits against the police department for $305,000. In May, Denver paid $135,000 to settle two claims against the police department. In April, the city paid a man $350,000 after he claimed Denver police violated his rectum with a police baton. In March, the city settled half a dozen lawsuits totaling $1.6 million.

Council members Lewis, Parady monitoring payouts

Council member Shontel Lewis said her office is tracking every dollar spent on legal settlements. She said March that in so far in 2024 the city has spent $2.4 million.

Council member Sarah Parady said her office is reaching out to plaintiffs of police lawsuits to see if there are policy changes that need to be made.

More than $36 million paid since 2010

With the latest settlement, Denver has paid out more than $36 million since 2010, including:

2010: $1.1 million.

2011: $2.3 million.

2012: $1.2 million.

2013: $606,000.

2014: $4.1 million.

2015: $1.7 million.

2016: $779,000.

2017: $7.9 million.

2018: $762,000.

2019: $1.5 million.

2020: $400,860.

2021: $1.8 million.

2022: $3.6 million.