Louisville Cops Mistook Purple Heart Recipient for Vagrant, Harassment Ensued, Lawsuit Alleges
Lt. Col. Donald Settle suffered a brain injury in a suicide bombing in Afghanistan
Donald Settle, a lieutenant colonel in the U.S. Army and a recipient of a purple heart and two bronze stars, is suing the Louisville Metro Police Department in Kentucky for an incident last year where he claims police harassed him at the mall after they mistook him for a homeless person. Settle suffers from a brain injury sustained in a suicide bombing in Afghanistan. His account of the incident, from the local NBC affiliate:
Settle said he was getting a gift card at Mid-City Mall in the Highlands when he said an LMPD officer asked him to leave the mall.
"I said 'have I done something wrong?' He said 'well, there's no pan-handling in here,'" Settle said.
Settle said he was wearing a sweatshirt and sweat pants with a Wounded Warrior logo and an arm cast. A portion of his clothing was dirty with drywall dust.
"He said 'you need to get your hands up out of your pockets up in the air where I can see them.' When I looked back, he had his taser up in my face," said Settle.
Settle said five or six officers then forced him down to the ground and used excessive force against him. He said the officers asked him all sorts of questions, but he had trouble answering because of his brain injury. He said he tried to explain to them he was a Fort Knox soldier.
"It's probably the greatest challenge that I'm going through right now," Settle said.
Settle filed a complaint with the police department but he and his lawyer said not enough was done in response, so he's filed a lawsuit. What did the police department said it did? "A complete and thorough investigation was conducted. As a result of that, LMPD has been working with the officials at Fort Knox with their Wounded Worriers program. Also, during the 2013 LMPD in service training for officers, a block of instruction for traumatic brain injuries will be advanced," according to a statement from the department.
Editor's Note: As of February 29, 2024, commenting privileges on reason.com posts are limited to Reason Plus subscribers. Past commenters are grandfathered in for a temporary period. Subscribe here to preserve your ability to comment. Your Reason Plus subscription also gives you an ad-free version of reason.com, along with full access to the digital edition and archives of Reason magazine. We request that comments be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of reason.com or Reason Foundation. We reserve the right to delete any comment and ban commenters for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Vagrancy wasn't it? That's gonna look real good on his grave stone in Arlington: Here lies John Rambo, winner of the Congressional Medal of Honor, survivor of countless incursions behind enemy lines. Killed for vagrancy in Jerkwater, USA.
That was on Spike TV on Wednesday. Still a classic.
That is the thing with Stalone, the first Rocky movie and the first Rambo movie were both really good.
You're right. He self-parodied himself for some quick cash but when he started out he was actually quite good.
Judge Dredd and his portrayal therein of brain injury was also a classic performance.
I really believed that he was the law.
Don't forget Demolition Man.
Added bonus of Dennis Rodman.
Don't forget Rhinestone. 🙂
Or The Party at Kitty and Stud's.
Last Rambo movie was really good as well. You wont find a more realistic depiction of mercs anywhere else in cinema.
How about a a block of instruction for not being assholes? That would probably be less complicated and more helpful.
How about a a block of instruction for not being assholes?
Well then they wouldn't be cops, would they?
Exactly.
This is so true. I ride the bus into downtown and most days a neighbor kid (senior in high school, really good kid from a good family, going to college next fall with a couple of scholarships) rides it too. We visit at the stop and on the bus. A couple of days ago while coming home he was just completely withdrawn. As we were walking towards our homes he finally started talking. He said he was really upset because about an hour earlier, the cops grabbed a 14-year-old friend of his as he was coming out of Target and smashed his face into a wall. Broke the kid's nose. My neighborhood kid was appalled by this (which is saying a lot because he spent most of his childhood in the ghettos of Chicago, where the cops shot his dog. His family moved to Minneapolis so he and his brother could get access to better education).
Anyway, we discussed cops the next morning and to hear him talk about them, you'd think he was a regular reader of Balko. Kid hates cops and only sees them as the bullies they are. Most, if not all, of the kids in my neighborhood feel this way because of what they've seen cops do over and over again. I take this as a sign that there may be hope for the future.
He said he was really upset because about an hour earlier, the cops grabbed a 14-year-old friend of his as he was coming out of Target and smashed his face into a wall. Broke the kid's nose.
I'm sure he's been charged with felony assault and battery on a minor, right?
Haaaaaaaaa ha ha ha! I'll be here all week (all two hours of it).
Don't forget to tip your waitress.
How about a block of instruction where volunteers from the community come in and deliver beat downs.
What a bunch of fucking sick pieces of shit.
To Protect (anyone in blue) and to Serve (out beatings)!
Ah some "training" (scare quotes!).
That solves everything.
They had not been explicitly trained not to harass and clobber recovering wounded from Fort Knox, so they simply cannot be held accountable. Due Process (for LEOs). Totally justified. Officer safety. New professionalism. Unmitigated Forces For Good. Totality of the circumstances!
/dunphy off
Needs less capitalization.
On a serious note, what has been your thoughts on the reception of wounded vets with mental disorders or brain injuries coming back from Afghan/Iraq? I know my brother in law (O-4) said he's had a buddy get treated like shit by LEO's after coming back because he sorta zoned out and went for a month-long walk on his leave. He got arrested 4 times, all for vagrancy and trespassing on public property. His CO personally saw to it that the charges were dropped, but how many don't have a good CO, or have gotten discharged and lack the protections of a caring military?
I thing it's disgraceful that a cop would do this to anybody, but to do it to a person who got a brain injury in combat is doubly disgusting.
It really varies by jurisdiction. The guys in IL we have had hurt like that the Guard has been very careful to see that their towns know what is up. Also, many live near their armories, so the town is acutely aware that folks had been called up and gone, and hurt.
We have had a couple of incidents, but our Guard structure has helped out.
The discharged folks do tend to drop from sight - the only folks that have been able to reach out are some particularly good NCOs, and some of the chaplains. VFW and AM. Legion posts try to help folks in their areas, but have a limited reach.
The best thing to do to a police agency that has had members harass a WIA is turn the bright light of media, attention and such on them - if the municipality can be made to feel some heat and/or shame, they may try to fix this. "Hey, don't come to L'ville - see how they treated that hurt soldier" is not exactly a mall promoting slogan.
Thanks for that response. Being from an urban area with a notoriously violent police force, I was hoping to hear from you.
I plan on hearing about a mentally injured veteran having his head caved in by the CPD any day now, unfortunately.
"Ah some "training" (scare quotes!).
That solves everything."
And there'll be pizza!
And there'll be pizza!
Oh, dear Lord. Here we go...
Deep dish?
I fucking knew it!
What... has Louisville not received pizza enlightenment? Still just a thin crust town?
Ive actually seen recent references to "Louisville style pizza". And they dont mean Papa Johns.
I dont think I could describe it, but I know what they mean. Its neither deep dish nor thin crust.
Bridging the pizza gap, to bring peace to our time!
You know who else brought us peace in our time?
You know who else was wounded worrier?
John Kerry?
I thought Kerry was a winter worrier?
Hillary?
Did she ever get her Purple Heart?
Bastards hate ALL wounded warriors.
Settle said five or six officers then forced him down to the ground and used excessive force against him
If five or six officers are hanging around Mid-City Mall trawling for homeless, Louisville obviously has a huge surplus of officers that can be let go. It's not like that a bad part of town or anything.
Almost makes you wonder if maybe they were taking some cash on the side from the store owners to hang out there.
Maybe, but I can't imagine why. It's in a largely residential area outside of downtown.
Maybe the place was having problems with homeless.
Maybe. I've walked around there quite a bit (a great bar is somewhat near it) and I've never been panhandled.
robc could clear this up.
I first read this as "I've never panhandled" - and I thought, 'man, how expensive is that great bar?!'
If he was talking about Holy Grale, its kinda pricey, for Louisville. Cheap for NYC.
Recent beer list.
Those arent pint pours, in most cases.
$7 for a Goose Island. Yikes.
Its not like it was a Honkers Ale or a 312.
Still...I guess proximity to the brewery helps.
About 45 bars are near it. More than 1 probably qualifies as great.
Holy Grale.
Lynn's Paradise Cafe closed? Where will my kooky aunt eat now?
The Lynn's thing was weird.
She was ranting so much about Obamacare, that even I was getting sick of it. Then should put in a probably illegal tip policy, fired an employee over it, huge backlash occurred, and then she suddenly closed the business.
From the sounds of it, she wasnt putting the time into it that she used to, so it was probably time to close it down.
Interesting to hear the inside scoop. We went there for my cousin's graduation last May and the place was stupid packed.
Lynn had a bad rap in the restaurant biz, that I didnt know about until all this kerfuffle in the last few weeks. Apparently no former employees had good things to say about the place. That said, I think it was packed on its final day of business too.
Lexington had one of those. Husband and wife owned four restaurants. The divorce got nasty, and all the stories started coming out about how they treated their staff and huge bribes of cocaine to inspectors to cover up some alarming stories of filthy cooking conditions. All of the restaurants are closed except one the wife still runs.
*Googles Lynn's Paradise Cafe*
Kentuckians are weird.
A la Office Space, I refer to certain establishments as places "with flair" as a shorthand for the kinds of places to avoid. That place has a lot of pieces of flair.
There are many fine dining establishments in Louisville that do not resemble an insane yard sale, madam.
many
Let not get carried away.
BTW, Holy Grale has 25 interpretations of the Last Supper on the Men's bathroom wall, as of my count last weekend.
Everywhere has their tourist traps.
I never went. I heard the food was good, but I dont wait in line for breakfast, if I can help it.
The food was OK. Think upscale Cracker Barrel. I only ate dinner there twice, though.
Dated about 90 minutes ago:
Lynn breaks silence
That's a lot of words she used to not really say anything.
That's a lot of words she used to not really say anything.
Yup.
Yuck. Cracker Barrel is gross. Spiffed up it would still have zero appeal.
Louisville gets tourists?!?
I kid. This Holy Grale places seems like it has a kickass beer selection.
It was just named, for the 2nd year in a row, one of the top 100 beer bars in the US by draft magazine. Its been open less than 2.5 years.
It already has an international rep.
For the weekend, several bottles of this:
Trappistes Rochefort 8
http://beeradvocate.com/beer/profile/207/1696
My local beer wall has trouble keeping it in stock, so I bought every one they had the other day.
There is another reason to go to Louisville, then. In honor of my late grandfather, who basically lived at the racetrack, I wouldn't mind going to the Derby one of these years. Or is that a dumb time to go?
The track is fun.
Getting derby tickets is hard. Ive never been on derby day.
Going earlier in Derby week is good.
Oaks Day (Friday before Derby) use to be "locals day", but its gotten so popular that the people coming into town for Derby go to it too.
Now Thursday is locals day. A few years ago, I went on Tuesday of Derby week and it was great. Was in a high-priced luxury box on the finish line that somehow wasnt claimed for that day so a friend of mine who is peon level in the company snagged it.
All of that to say, go on some day other than Derby. But check the schedule, the track is open for racing far less than you would guess.
This year's schedule:
Apr 27-Jun 30, Sept 6-29, Oct 27-30.
Closed most Mon-Wed, with exceptions.
The fall meet schedule this year is weird.
Well, now I want to go! And pick horses based on the weirdness of their names, as my grandfather so rarely let me do.
I think Holy Grale is great. I wish Lexington would get something close to it. We are doing good on breweries and taprooms, but The Beer Trappe, the place that should be bringing the strange beer only has six taps and they apparently have a policy that 4 of the 6 must at all times be rancid IPAs. Beerworks is a nice space, but they are not adventurous in their beer offerings.
FauxFructose, you should check out Matt Duncan if you live in Lexington. He plays around town, and his new album Soft Times is Steely Dan-ish and outstanding.
Steely Dan is outstanding?
Better than oustanding, Teduardo. They are lyrically the greatest band of all time.
Its the Bardstown/Baxter corridor, how do you tell the homeless from the hippies from the skater punks?
They all smell the same.
Louisville's melting pot.
Louisville's chamber pot?
And thus why the cops were there. They could get hurt in the bad part. Worse, they might have to do their job.
Still supports my surplus cops idea...
The Highlands liberals dont like veterans shopping with them. Makes them feel icky.
Probably some ass of a security guard triggered the whole thing.
Louisville obviously has a huge surplus of officers that can be let go.
After they pay this guys settlement I'm sure the economics of laying off these members of the "Fat Blue Line" will become more compelling.
Anybody in the commentariat familiar with the nuances of insuring municipalities? At what point does bad behavior on the part of the cops become cost prohibitive?
Well, usually you run into _ "self insured" or if they do have a commercial policy they have either a very high self-insured retention or deductible.
An example of cost prohibitive insuring is Chicago. It has to self insure, as they pay out so much for "police misconduct" (the catchall term for torture, shooting innocent people, etc) they simply couldn't get commercial coverage.
If I didn't know Chicago was already in its way to insolvency this would concern me...sort of!
The police drain the coffers of Chicago at an alarming rate - their pay and benes are high, retirement is a fiscal killer and the lawsuits are alarming - they have already spent the self-insured set aside for the year....in mid-January. Oops.
they have already spent the self-insured set aside for the year...
That's Olympic record pace for police brutality. Well done CPD!
Skid-Shitty Mall.
It's not like that a bad part of town or anything.
What, you expect them to patrol around in the bad parts of town? They could get hurt doing that! They've got families to go home to, you know! What kind of monster are you?
Welcome Home Service Member.
Thanks for taking one for the team.
Here is your ass-kicking from pussies of a different uniform.
All together now...
FUCK YOU, THAT'S WHY!!!
Never trust agents of the state, especially the dickheads in blue.
When HEROES (TM) collide!
Well, if you go out in public dressed like a slob, don't be surprised when you are mistaken for a wandering vagabond. And don't give me that Purple Heart crap. It's not like the "homeless veteran" is some sort of rare and novel concept.
Not that the police should be harassing suspected vagrants in malls, but I can't generate too much sympathy for Lt. Col. Settle.
Ah! So that's why Kelly Thomas was beaten to death....poor fashion choices....good to know!
I'm assuming this is sarcasm, unless you're really saying that if I spend the day working on drywall in my house and have to run out to pick up something at the mall, if I don't clean up and change clothes I deserve to be harassed?
Harassed nothing - beaten and arrested, pal!
This is me every weekend and usually looking and smelling worse than mere drywall dust can be held responsible. I had no idea I was due for an ass kicking!
You are, but not by the regular police. As Chief of Fashion Police, I argue that you should be beaten for not knowing the essential difference between a sport coat with a center vent, peak lapels, and no surgeon cuffs, and one with side vents, a hacking pocket, and surgeon cuffs.
Jus' sayin'
As Chief of Fashion Police, I argue that you should be beaten for not knowing the essential difference between a sport coat with a center vent, peak lapels, and no surgeon cuffs, and one with side vents, a hacking pocket, and surgeon cuffs.
Oh my god! Guilty as charged...and on all counts!
Since you seem contrite, I'll let you off easy this time, but for future reference, the correct answer is "about 200 bucks".
Thank you!
Next time "Obscure Fashion References" come up as a Jeopardy category I'm set!
*spit take*
Obscure?!?! By Jove, man! The blazer/sport coat is one of the fundamentals of men's clothing. Please tell me you own at least one, well-tailored, navy blue suit in gaberdine wool. (Sack cut or continental cut depending on the standards of your community.)
Leaving aside my well documented disdain for the declining standards of American dress, as I stated before, "Not that the police should be harassing suspected vagrants in malls"; however, if go out looking like a hobo, don't be surprised when the baboons with badges harass you. It's not right, but it's our unfortunate reality.
[RACE CARD]Try looking like me, wearing a blazer and khakis, driving what cops think is the "wrong car" in the "wrong neighborhood".[/RACE CARD]
Fair enough, I guess I just got hung up on the 'no sympathy from me' part.
Well that's all fine and good there in your ivory tower of academia. I mostly gave up on nice cloths some time ago because I will ruin them.
It has less to do with academia and more to due with the fact that my paternal grandfather and father were master tailors, and my maternal great-grandfather and grandfather were a furriers. 🙂
And here I thought being a furrier was kind of an internet thing. Nothing new under the sun, I suppose.
If I had to live at Fort Knox, I might consider going homeless instead .... but I do believe he did have a place he resided.
I can. Dude shouldn't get a beatdown from the cops for going to the mall. If I'm working on the house, I sure as hell don't get dressed up if I need to run out for tools or something else.
Also, if you're right up on a guy, you can tell if he's authentic homeless or not. The homeless guy is filthy and smells like a rancid goat. It ain't difficult if you have an IQ bigger than your shoe size.
"It ain't difficult if you have an IQ bigger than your shoe size."
How many on the L'ville PD meet that standard - anyone here know?
18%.
Remember, the law isn't a law against being a slob or vagabond.
It's a law against panhandling.
That means the only way for him to be "mistaken" for someone breaking the law is if someone called 911 to report that they saw the Lieutenant Colonel panhandling.
If there's no taped 911 call saying the Lieutenant Colonel asked someone for money, it's automatically false arrest, and these guys shouldn't be "trained", they should be fired and arrested.
O/T - Looks like Dianne might be out of ammo (are we still allowed to use the shooting references?)!
http://tinyurl.com/agxwhr5
FTA (emphasis mine): At least six of the 55 senators who caucus with Democrats have recently expressed skepticism or outright opposition to a ban, the review found. That means Democrats wouldn't have a simple 51-vote majority to pass the measure, let alone the 60 votes needed to break a Republican filibuster to bring it to a floor vote.
Why in the hell would Team Red filibuster this? I'd be shocked if they don't unanimously vote for cloture and get this to the floor as soon as possible. After all, 20 Dems are up for reelection this cycle. 20.
Why in the hell would Team Red filibuster this?
Maybe out fear that TEAM RETARD might lard the bill up with enough free shit to actually get the 60 votes they need, and they don't want to risk it/
No way this gets a single amendment. As a matter of fact, I recommend that someone in the house, a really hardcore 2A supporter at that, propose it as written just to get it to a floor vote.
Seriously, this is Team Red's golden ticket to winning control of the Senate and getting an iron grip in the House. All they have to do is get these votes to the floor and get people on record.
Even money says they fuck it up.
Even money says they fuck it up.
No bet! Not when Timmy the Turtle and Orange Julius are calling the shots for TEAM STUPID.
I'd be shocked if they don't unanimously vote for cloture and get this to the floor as soon as possible.
Because the Chris Matthews of this world will say something to the effect, "The republicans, knowing that the democrats initial position was weak rushed the bill to a vote because they hate Chillrunz and want them all to die"!
Maybe they want the notion that the dems can't get this past their own people to sink in a bit! Not that I believe the electorate thinks at all but maybe this was the strategy.
Maybe only homeless go there because the place is almost certainly haunted.
I wonder what the ghosts of German Protestant children would be like? Do they only haunt Catholics and Jews? Can they be placated with the proper beer and wurst combination? To exercise them you have to play Bach hymns backwards at 78 rpm?
To exercise them ...
Do ghosts really need that much in way of physical fitness?
I think you have it backwards. Ghosts can only haunt their coreligionists.
So then they would be summoned when someone was unthrifty, or jerked off or other such Protestant Guilt causing incidents?
Mid-city "mall" is an odd place to begin with. Its "best" tenants are Comedy Caravan and the Back Door, neither of which have inside entrances, as far as I know.
The Back Door probably has the gayest name of a non-gay bar in the universe.
The Back Door
Seeking to shake off the perception that they were a gay bar, owners of "The Back Door" briefly renamed the establishment "The Manhole" for a period in the 1980s to no avail whatsoever. The names "Hey, Sailor" and "Cram Shack" were considered as well.
Actual conversation from the Back Door, @1999. We were playing foosball, friends of mine (male/female) won a game and some other strange couple had next game.
Chick from strange couple: Want to come back to our place (foursome invite).
Male friend: Her husband (points to guy across room) might not like that.
Chick: He can come too.
It's the foosball that makes that story so erotic.
Trust me, there was nothing erotic about that couple.
The Back Door probably has the gayest name of a non-gay bar in the universe.
Yeah...I was going to comment that SF's "White Swallow".....wait non-gay bar....never mind!
I guess I need more practice playing "Gay Bar or Steakhouse"!
http://steakhouseorgaybar.com/
Im apparently really bad at that.
Me too.
That was difficult.
"DAMMIT JIM! I'm a thug, not a neurosurgeon!"
+1 tricorder reading
It's not like that a bad part of town or anything.
And those brave law enforcement professionals are dedicated to keeping it that way.
The PD is right in this case. The department does need a block of instruction. I'd suggest with having all of them watch the assault with a deadly weapon, wrongful arrest and false imprisonment trial of the officers who did this is the first part of that "block". The second one would be for them to personally pay the settlement out of their retirement funds to cover the civil damages he's going to get.
As a matter of fact, this would be a good block of "instruction" for the offecers in every department around the country in what will happen if you do this kind of shit to law-abiding people.
Worriers? Was this a freudian slip in the LMPD's press release (as in "you guys worry way too much about police harrassment, now STOP RESISTING!"), or a typo by Ed?
It was either in the statement from the PD or a typo by the TV station
Well, if you go out in public dressed like a slob, don't be surprised when you are mistaken for a wandering vagabond.
I look like a bum 99% of the time, just so people I don't know will leave me alone.
As a result of that, LMPD has been working with the officials at Fort Knox with their Wounded Worriers program.
I'm glad @Lucystag was released so we no longer have to be subjected to typos.
i know write
Also, during the 2013 LMPD in service training for officers, a block of instruction for traumatic brain injuries will be advanced,"
Why do they need moar training? Why does it take a special class of instruction for "People Wearing Sweats with Drywall Dust on them Who May or May Not Have a Traumatic Brain Injury"?
This says two things:
1. The police are off the hook, because they didn't a specific policy and procedure for dealing with the above.
2. The Police are too stupid to think and adapt to a situation which may not be what it seems at first glance.
The sad thing is, what the cops did here would be just as inexcusable if he really had been homeless. Your status as a vet or whatever should make no difference on how the police are allowed to treat you.
And this with knobs on.