Man Injured In 2001 Arrest Takes Settlement From Las Vegas Police

By: Kimberly Chandler Email
By: Kimberly Chandler Email

A man whose neck was broken during his arrest six years ago at a downtown casino has accepted a $250,000 settlement and dropped a federal lawsuit against the officer and Las Vegas police, his lawyer said.

Frankie Davis, a former Las Vegas resident who now lives in New York, "just kind of wanted to end it," his attorney, Barry Levinson, said of the civil lawsuit, which initially sought at least $11 million.

"It wasn't the settlement that we had hoped for, but it put everything to rest," Levinson said. "It was a long fight."

Davis, 39, has recovered from his injuries. He reached a confidential settlement with the Las Vegas Club several years ago, Levinson said.

Davis had accused Officer David D. Miller of battery and excessive force in the November 2001 arrest. According to the lawsuit, Miller arrested Davis after two Las Vegas Club security officers took Davis into custody for allegedly prowling about 12:30 a.m. on the 15th floor of the Las Vegas Club.

Miller admitted no liability with the settlement, his lawyer said.

"Officer Miller has always taken the position that he acted reasonably and appropriately under the circumstances," attorney Lyssa Anderson said.

Attorney Craig Anderson, who represented the police department, said the settlement "simply pays Frankie Davis' medical bills."

Lyssa and Craig Anderson are not related and work at separate law firms.

The case had been scheduled for trial this month after the 9th U.S. Circuit Court of Appeals in San Francisco last year reversed a 2004 ruling by U.S. District Judge James Mahan. Mahan initially dismissed claims against Miller and his supervisor, ruling the two officers were entitled to immunity.

The appeals court cited surveillance videotape showing Miller punching Davis in the head while the handcuffed suspect was lying on the floor.

"We have no question that any reasonable officer would have known that the force used was excessive," court said.

A Las Vegas police internal affairs report concluded that Miller used more than the minimal amount of force needed. He was suspended for 10 hours and ordered to participate in use-of-force training.

County prosecutors declined to press charges against Miller, saying that Davis resisted arrest.

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