The city acknowledged Wednesday that it has agreed to settle for $250,000 a
federal suit brought by Reading resident Francis Nunez, whose skull was
fractured in May 2009 when a city police officer beat him with a heavy
flashlight in a case of mistaken identity.
The officer, Mark S. Groff, was fired a month later for other reasons. Groff also sued the city, but a federal jury upheld the firing in December.
Nunez, now 26, was seeking more than $500,000 in the suit that claimed Groff's use of excessive force caused him severe and permanent injuries. He had undergone emergency surgery and spent a week in the hospital.
According to the suit:
Nunez, then 22, was walking west in the 1000 block of Robeson Street about 3:30 a.m. May 14, 2009, when Groff pulled up in his police car and charged at him.
Groff responded to an accident at 10th and Spring streets a half-hour earlier and was told someone walked away from the scene wearing a gray hooded sweatshirt.
Groff began a search, and saw two men walking on Robeson Street. One of them, Nunez, was wearing a gray hooded sweatshirt.
When Groff charged, Nunez ran, jumped over a wooden fence but fell on the other side and was having trouble getting to his feet when Groff caught up to him. Nunez said he put his hands up and wasn't threatening.
Groff ordered him to the ground, and when he did, Groff hit him three times with the flashlight, then punched him.
Police said later that when Groff was trying to arrest Nunez, Nunez pulled a silver object from his waistband. Police later learned the object was a pair of pliers.
City solicitor Charles D. Younger declined to comment on the settlement. Nunez's attorney, Robin J. Gray, could not be reached for comment.
Groff was fired in large part for repeatedly fraternizing with the Pagans motorcycle gaxxx while he was off-duty and violating a contract clause banning police from associating with a felon or someone with a reputation for criminal behavior, city officials said.
He also was accused of alcohol abuse and lying during the internal affairs probe.
However, the official allegations against him did not specifically include the Nunez incident.
City sources said that if they had, the settlement would have been for a far larger amount.
Contact Don Spatz: 610-371-5027 or dspatz©readingeagle.com.
http://readingeagle.com/article.aspx?id=442727
The officer, Mark S. Groff, was fired a month later for other reasons. Groff also sued the city, but a federal jury upheld the firing in December.
Nunez, now 26, was seeking more than $500,000 in the suit that claimed Groff's use of excessive force caused him severe and permanent injuries. He had undergone emergency surgery and spent a week in the hospital.
According to the suit:
Nunez, then 22, was walking west in the 1000 block of Robeson Street about 3:30 a.m. May 14, 2009, when Groff pulled up in his police car and charged at him.
Groff responded to an accident at 10th and Spring streets a half-hour earlier and was told someone walked away from the scene wearing a gray hooded sweatshirt.
Groff began a search, and saw two men walking on Robeson Street. One of them, Nunez, was wearing a gray hooded sweatshirt.
When Groff charged, Nunez ran, jumped over a wooden fence but fell on the other side and was having trouble getting to his feet when Groff caught up to him. Nunez said he put his hands up and wasn't threatening.
Groff ordered him to the ground, and when he did, Groff hit him three times with the flashlight, then punched him.
Police said later that when Groff was trying to arrest Nunez, Nunez pulled a silver object from his waistband. Police later learned the object was a pair of pliers.
City solicitor Charles D. Younger declined to comment on the settlement. Nunez's attorney, Robin J. Gray, could not be reached for comment.
Groff was fired in large part for repeatedly fraternizing with the Pagans motorcycle gaxxx while he was off-duty and violating a contract clause banning police from associating with a felon or someone with a reputation for criminal behavior, city officials said.
He also was accused of alcohol abuse and lying during the internal affairs probe.
However, the official allegations against him did not specifically include the Nunez incident.
City sources said that if they had, the settlement would have been for a far larger amount.
Contact Don Spatz: 610-371-5027 or dspatz©readingeagle.com.
http://readingeagle.com/article.aspx?id=442727
