The city is poised to pay $37,500 this week to settle a lawsuit that stems from the 2008 arrest of a man suspected of writing a bad check at a QuikTrip.
Here's what happened, according to the lawsuit:
Police got a call about someone writing bad checks on July 31, 2008, and a sergeant said he was trailing a suspect's car.
A man got out and ran. Police searched the area near Second Street and Seneca.
Officer Jeffery McVay found Justin Roberts, of Pratt County, hiding under a children's swimming pool and used a Taser on him, according to the lawsuit.
He then "remained helpless on the ground" while McVay and officer Steven Molde "repeatedly tazed him" and "repeatedly kicked him in a severe manner," the lawsuit says.
Roberts asked for medical help, but the officers laughed at the request, the lawsuit says. He was taken to jail.
Sedgwick County Jail officials transferred Roberts to a hospital, where doctors said he had broken ribs and other injuries.
Medical bills total more than $27,000, and Roberts says the event has caused "pain, suffering and mental anguish."
Roberts' lawsuit asked for a judgment of $1 million, plus legal fees.
In a legal response, the city said at least one officer had used a Taser on Roberts, but it denied other claims.
In response to The Eagle's questions, Police Chief Norman Williams wrote that the department's professional standards officials investigated the case and disciplined one officer.
Williams did not identify which officer was disciplined or what the discipline consisted of. Both officers still work for the department.
Williams said it will be up to City Manager Robert Layton to decide whether the case should be reviewed by the newly regrouped citizens review board, which examines allegations of excessive force and racial profiling.
The Wichita City Council will consider the settlement on Tuesday. If the city settles, it would not mean it admits to the claims.
"Because of the uncertainty and risk that a judgment at trial, plus a potential award of attorney fees to plaintiff would exceed this amount, the Law Department recommends acceptance of the offer," the city's legal staff wrote in a report to council members.
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