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July 30, 2015

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Henderson to pay $225,000 to man who sued over police altercation

The Henderson City Council approved a $225,000 settlement Tuesday with a man who sued the city and four Henderson police officers after a 2007 New Year’s Eve altercation he says caused him great bodily, emotional and financial harm.

According to court documents, Nevada resident Adam Fradella accused officers Kyle Slattery, Kevin LaPeer, Michael Coleman and Ron Russo of violating his civil rights with a “violent physical battery and assault,” causing him to suffer injuries to his head, arms and leg, as well as knocking out one of his teeth.

The incident occurred on New Year’s Eve in 2007 when police were called to a Henderson residence where a party was taking place after receiving a call that shots were fired, according to Henderson police spokesman Keith Paul.

The police report from the incident states that Fradella ignored police commands, while at gunpoint, to walk toward the officers. Fradella alleges police officers ordered him and other partygoers out of the house at gunpoint but Slattery grabbed him without provocation while he was obeying their command.

Fradella said the unprovoked “attack” caused him to defend himself, which led to multiple officers attempting to restrain him. He said that Slattery then punched him in the mouth and that he was tasered at least four times by other officers.

In his own account of the incident, Slattery said Fradella swung at him with a closed fist, which caused officers to attempt to restrain him with force, delivering multiple strikes to his face, head, upper chest and left rib cage.

In his account, Slattery noted that Fradella was taken to a St. Rose Hospital with injuries to his left forearm, left thigh, left hand and an injury to his left front tooth. He said no police officers suffered any injuries.

Paul said Fradella was arrested at the scene for resisting a public officer, battery on a public officer and assault on a public officer.

Fradella’s original complaint lists five claims for relief, accusing the officers of assault and battery, emotional distress, negligence, violating his constitutional rights and accuses the Henderson Police Department of maintaining policies that deprived him of his rights.

Fradella’s attorney Rusty Graf declined comment on the specifics of the incident on behalf of his client due to a confidentiality stipulation in the settlement with the city.

Fradella sued the city and the officers for general damages in excess of $10,000, for punitive damages in excess of $10,000, the cost of lawsuits, reasonable attorney’s fees and further relief.

The city attorney’s office would not respond for comment, but according to court documents, the city denied most of the allegations in Fradella’s complaint.

The city finally settled the lawsuit in 2011 and agreed to award Frandella $225,000. The settlement was approved at a city council meeting Tuesday.

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