Trials & Litigation

Jury awards record $4.65M in death of homeless street preacher restrained by sheriff's deputies

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An all-white federal court jury in Colorado awarded $4.65 million Tuesday in the 2010 death of a homeless black street preacher who was being restrained by Denver sheriff’s deputies at the city’s downtown jail.

The death of Marvin Booker, 56, was ruled a homicide, although no one has been charged. A lawyer for the city told the jury that officers followed department policy and blamed Booker’s heart condition and his failure to follow officers’ orders for his death. However, the jury found that excessive force was used on Booker, who reportedly was shocked with a stun gun after he was handcuffed, and gave his survivors by far the highest amount of damages ever awarded in a civil rights case against the city, according to the Associated Press, the Denver Post and KDVR.

In addition to the jury award, the city is likely to be required to pay hefty attorney fees to the plaintiffs’ lawyers. Although punitive damages were included in the total award, as well as compensation for funeral costs and loss of enjoyment of life, there was no compensation for future earnings.

“The community won’t tolerate this anymore, and things have to change,” said attorney Darold Killmer, who represents the Booker family. “This verdict should reverberate around the country. This is a sign that people are not going to put up with it anymore.”

It isn’t clear whether Denver plans to appeal.

Scott Martinez, who serves as city attorney, provided a written statement, the AP reports. It said Denver officials are disappointed by the verdict and “the city remains committed to its ongoing efforts to improve the Denver sheriff’s department.”

The jury began deliberating Friday after a three-week civil trial.

See also:

ABAJournal.com: “See the video: Inmate slammed into window frame during court hearing files $5M civil rights lawsuit’

Denver Post: “Denver attorneys offer $3.25 million to jail inmate tortured, beaten”

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