In July 2012, 17 year-old DeShawn Franklin awoke at 2:30 a.m. to find three police officers in his room. In his half-asleep confusion, he fought off his ‘attackers’ until he realized who they were. He was punched six times, tasered, and handcuffed.
The officers did not have permission to enter the South Bend, Ind. home, nor did they have a warrant. Franklin’s elderly father could hear the disturbance from his bed but was powerless to intervene without his wheelchair. DeShawn was placed in the back of a patrol car.
They Had the Wrong Man
The South Bend police were seeking a black male with dreadlocks in connection with a domestic violence call a few blocks away. They believed that the suspect, DeShawn’s brother, had fled to the family home. Since the teenager also wore dreadlocks, they mistook him for his brother.
After the beating, the officers released him with an apology. Their supervisor said that they couldn’t prove that DeShawn Franklin knew that he was resisting arrest.
Fourth Amendment Violations
The Franklin family filed suit against the officers for unlawful entry, excessive force, false arrest, false imprisonment, and battery. The city of South Bend tried to settle the case at least four times, but the Franklin family opted for a jury trial. The family’s attorney, Johnny Ulmer, said that he would have recommended settling had the amounts offered been appropriate. He noted that in cases like these, settlement amounts typically range from $100,000-$300,000. Ulmer said that the highest amount offered was $15,000.
The jury was composed of one African-American and five whites. As testimony concluded, they were advised that they could award amounts as low as $1 for each of the civil rights violations.
The city’s attorney, Peter Agostino, explained the low award by saying that there were no medical bills or lost wages. The jury did not hear testimony on psychological distress. Despite orchestrating the stunning outcome, Agostino stated:
“I think DeShawn is an awesome young person, and I don’t want him to lose faith in the system because he had one bad experience.”
Insult to Injury
Because the family turned down settlement offers, a city law allows defendants in the suit to seek payment from the plaintiffs for associated trial costs. The three officers are seeking about $1,500 for the cost of hotel rooms during the trial. The city’s attorney says that they will not seek payment from the Franklin family, but instead from Johnny Ulmer, who took the Franklin case pro bono.
Ulmer said he would pay the $1,500 out of personal funds if necessary, but that he would seek attorney fees. He estimates the cost of the case exceeding $168,000.
Officers Involved Have a History of Incidents
The same three officers that attacked DeShawn Franklin were also implicated in another 2012 complaint in which a convenience store clerk said that they bullied him, slashed his tires, and dared him to take “the cinnamon challenge.” The clerk said that he vomited for hours after the dare. The police also challenged him to eat 10 crackers in one minute.
One of those three officers, Aaron Knepper, had also been sued for a violent traffic stop that landed a civilian in the hospital with a brain bleed. In that case, the court ruled that the brain injury could have been caused by the driver’s head hitting the pavement instead of Knepper’s punches.
All three officers continue to work on the South Bend police force.
DeShawn Franklin still wears dreadlocks, but refuses to have his face appear in media reports. He is determined to move on, and does not want to be recognized. In this video, he admits that he still fears that something similar could happen again.
His brother was never charged in the domestic violence incident.
Featured image via IndyStar video.
