LOUISVILLE, Ky. (WDRB) – A Louisville man who claimed he was assaulted by police and wrongfully arrested in July 2018 has been paid $150,000 to settle a lawsuit.
Nikcoli Carter claimed he was waiting for a bus at the corner of Dixie and Hill when he was "unjustifiably" approached by police.
Carter walked away "due to intimidation and fear or potential police misconduct," according to the 2019 lawsuit.
Officers caught up to him and punched and kicked him numerous times before he was arrested and transported by EMS to University Hospital, the lawsuit alleges.
The alleged assault caused a gash to the right side of Carter's eye and pain to his jaw and back, according to the suit. Carter missed court dates and wracked up large bills while hospitalized, the suit says.
The lawsuit was dismissed last month with the city agreeing to pay $150,000 to Carter and his attorneys, Zac Meihaus and Aaron Kemper, according to a settlement obtained under the open records law.
The charge against Carter, fleeing or evading police, was dismissed and expunged, meaning erased from his record.
Carter argued he did not violate any law by waiting for a bus.
The police arrest citation said Carter was in a high drug trafficking area talking to three people and when police drove by, he began to walk away.
When officers stopped and began to approach Carter, he ran and tried to hide, according to the citation.
The arrest report does not mention police striking or kicking Carter or taking him to the hospital.
The lawsuit claimed police did not turn on their lights so the cruiser camera was not activated. In addition officers failed to either record or preserve body cam video of the arrest.
The suit said the police department "destroyed or willfully refused to produce the recorded video and audio."
The officers named in the suit are Dwaine Durrett, Austin Mota, Justin Nava, Cody Luckett and Joel Lopez. Former chief Steve Conrad was also named as a defendant.
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