Friday, Aug. 12, 2011 | 11:42 a.m.
A Henderson man who said he was injured as the result of excessive force by Metro Police officers in 2001 when they tried to execute an arrest warrant on his brother accepted $1.6 million in a decision approved Thursday by a federal judge.
A federal jury in February initially awarded $2.1 million to Charles Barnard in his lawsuit against Metro officers Gary Clark, Greg Theobald and Steven Radmanovich. But the defendants challenged the judgment and U.S. District Judge Robert Jones decided to review the matter.
Jones determined the judgment was too high, so he gave Barnard the choice of accepting $1.6 million or having a new trial. Barnard chose the money. In addition to the damage award, Barnard will receive $189,303 for attorneys' fees and $61,408 for court costs.
Barnard alleged that on the night of Dec. 8, 2001, Metro Police came to his apartment looking for his brother. But Barnard said he was the one who ended up getting roughed up and arrested, even though there was no warrant out for him. He also alleged that in a scuffle with police he was choked and kneed in the back, resulting in back and neck injuries that required surgery.
Police denied using excessive force, arguing they believed Barnard was resisting them.