An NOPD Officer and PANO member Neil Carter, who was sued in federal court for allegedly violating a citizen's civil rights during an arrest in 2020, case was dismissed by the federal court on December 26, 2023.
The alleged incident occurred during an arrest on August 10, 2020. During this incident the citizen physically resisted and as a result, was ultimately tased by Officer Carter. The citizen was not injured. PANO represented Officer Carter throughout the PID administrative investigation. PIB ultimately sustained a violation and issued a 5-day suspension for an alleged taser policy violation. The citizen then initiated a federal 1983 civil rights lawsuit against the NOPD and Officer Carter, for his performance of his official NOPD duties.
The city’s law department informed Office Carter that they “chose not to engage in his legal representation and not to satisfy any judgment which may be recorded against him.” That is legal speak for telling him he was own for defending himself, paying for attorney’s fees and if he lost, for paying all financial judgments for his action’s on the City’s behalf.
The City position was that since the officer was found to have violated training and policy, they could not be held liable. The Court dismissed the case against the City, but allowed it to proceed against the officer. PANO and our attorney, Eric Hessler, assumed the representation in the federal case too.
On February 14, 2023 the Civil Service Commission held the appeal hearing for the sustained administrative violations. Both sides presented testimony and evidence regarding the incident and subsequent investigation. On April 6, 2023 the Civil Servie Commission issued a written report which overturned all sustained charges.
In the decision, the Commission found that the NOPD “failed to show the occurrence of the complained of conduct” and that the City’s own witnesses “agreed with Officer Carter’s attorney that the subject was capable of violence and of pulling it off.” Officer Carter’s record was cleared and he was reimbursed for his suspension days.
Litigation in the federal matter continued on. Trial was scheduled for October 2023. Just days before trial was to commence, the matter was continued to January of 2024. On December 23, 2023 a joint motion for dismissal was filed. On December 26,2023, the Court granted this request and dismissed the case with prejudice. Both side were cast with their own expenses.
PANO will continue to fight to force the City to represent NOPD officer’s who are acting rightfully in the course in scope of their employment. Until they do, PANO will do so when appropriate. In addition to the above, PANO intends to seek reimbursement for all legal fees incurred in the representation of Officer Carter. PANO feels that no Officer, who is acting in good faith and within policy while performing their sworn police duties, should fear suffering potential personal financial ruin for doing so.
Congratulations to Officer Carter, and we are proud to have helped him through this. If you are not a member, please join us so we can help you too.