Broken arm in police confrontation costs S.F. $135K
The city of San Francisco has paid $135,000 to settle a lawsuit filed by a man who said a police officer broke his arm without cause during a dust-up in the Tenderloin.
Thomas Joseph Barnes was speaking to a homeless man on Turk Street at about 10 p.m. on Feb. 23, 2007, when a group of officers approached and began questioning the homeless man. Barnes didn't think he was the focus of the officers' attention and began to leave.
"Mr. Barnes thought he should leave the police to their work," said Barnes' attorney, David Helbraun. Although no officer had looked at Barnes or asked him to stay, Officer Joshua Phillips yelled at Barnes, grabbed him, slammed him against a wall and broke his arm, said the suit, filed in San Francisco Superior Court.
"The officer had no cause to break Mr. Barnes' arm," Helbraun said of Phillips, who has been on the force since 2000. "One can only conclude the officer overreacted because he felt Barnes was ignoring him or disrespecting him, when, in actuality, it was out of respect for the police that Mr. Barnes was leaving, to let them do their job."
Matt Dorsey, spokesman for City Attorney Dennis Herrera, said Wednesday, "We think this is a prudent settlement. It puts the case behind us and avoids the costs and risks of litigation."
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