Kenya Montgomery seeking $40k judgement in Mpls police misconduct suit [VIDEO]

Categories: Police
Kenyasequence1.jpg
Photo: Dash cam screenshots.
Pending final City Council approval, the city of Minneapolis will pay a $40,000 judgement to Kenya Montgomery, a 25-year-old who says he was the victim of excessive police force last year in north Minneapolis.

Late on the night of May 31, 2011, police officers tried to stop Montgomery on suspicion of firing gunshots in the area. Montgomery took off running, according to police reports, but the officers eventually cornered him by a fence near the corner of Emerson and Lowry Avenues North.

Dash cam video shows that when the squad arrived, Montgomery gave up trying to climb the fence and threw his hands in the air. Still, the first officer to approach immediately began throwing punches. Several others quickly joined the action, kicking and punching Montgomery on the ground.

"It was a clear surrender," says Andrew Noel, Montgomery's attorney. "Both hands up. If they would have tried to arrest him, I think they could have arrested him with no problem at all."

Here's an excerpt from the video, obtained by City Pages:

In police reports, the officers say they saw Montgomery running with a gun in his right hand. The weapon -- a 9mm, semi-automatic pistol -- was discovered near the scene, and Montgomery was later found guilty of carrying a pistol without a permit in a public place.

Timothy Devick, one of the officers named in the suit, admits in his report to using force during the arrest, but says it was a response to Montgomery resisting. Writes Devick:

"I drove towards the suspect who was trying to get onto the wall and over the fence. I stopped my squad and got out. I yelled at the suspect to get down on the ground. The suspect just stood there not reacting to or following my request. I moved toward the suspect and punched him two times on the left side of his head and three times in his chest. Other officers arrived to assist in taking the suspect into custody. The suspect was actively resisting. I could see him kicking his feet at one of the officers. I stepped on his calf and ankle with my full weight to control his foot."

Jer Yang, another officer named in the suit, writes that he heard his fellow officers yelling at Montgomery to "stop resisting" when he arrived on scene. He also notes that he suspected Montgomery was still armed at the time, given the nature of the incident.

"I honestly believed that Montgomery was still in possession of a handgun. Officers were originally chasing Montgomery after officers heard shots fired. Montgomery had the courage to run out of the perimeter knowing that officers are in the area. Officers clearly aired over the radio that they saw Montgomery in possession of a handgun in his hands."

Montgomery's attorneys sued the city in March of this year. The suit argues that Montgomery surrendered to the officers, and the subsequent use of force violated his civil rights. It also includes several unnamed officers on scene who didn't participate in the melee, alleging they had a responsibility to intervene. From the lawsuit:

"The squad video shows Montgomery going to the ground after Defendant Devick aggressively came toward him with his fist cocked. Montgomery had previously surrendered and was simply attempting to avoid being punched in the face."

On July 25, the Minneapolis city attorney recommended the City Council approve a payment of $40,000 to Montgomery, plus $34,000 in legal fees. The judgement passed the council's Ways & Means Committee Monday, and will go to the full council Friday.

The city attorney wouldn't comment on the case at this time, but we'll follow up after Friday's vote.

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26 comments
bobapplebee
bobapplebee

So he will get this $40K after we pay for his public defender (for the actual crime) or before? Then slime ball lawyer gets his .33 * $40K.

bobapplebee
bobapplebee

Sorry, I am with the cops on this one. You got someone firing shots. Cops say get on the ground. He doesn't. You have to get that guy's attention. These cops have to deal with some pretty intense situations. In Brazil, the cops would have gunned him down.

bobapplebee
bobapplebee

Sorry, I am with the cops on this one. You got someone firing shots. Cops say get on the ground. He doesn't. You have to get that guy's attention. These cops have to deal with some pretty intense situations. In Brazil, the cops would have gunned him down.

NotFair
NotFair

Where was their nazi pig dogs to bite the shit out of that guy?

Gregory Burt
Gregory Burt

Hey Chris, next time a criminal comes to your house and has a gun, don't call the police and deal with it yourself. Or maybe call them and tell them your exact words, "fuck the police." I'd love to see how far that gets you. How old are you, two?

Johnhere
Johnhere

Replys to: WatusiJenkins I know the two really don’t have much in common I was just giving another dig to the Sucker punching EX Cop. When you put your hands up to surrender I’m sure the policy isn't to beat the shit out him before you hail him away to jail. Sure seems like MPLS Cops do a lot of throwing punches and saying they were resisting arrest. Don’t know why I feel that way but I do

john
john

Once again caught on tape. Just like that coward sucker punching EX MPLS SWAT member Clifford. Minneapolis needs to fire all the top brass and start over. There seems to be a real problem with excise force or is it company policy, either way they need to go. Start with Clifford

john
john

I said this in the MPLS SWAT sucker punching Cop or coward works better. The top brass needs to go in MPLS. How can things change when your top brass thinks like Thugs themself? This has been going on way to long, wake up Minnesota let our voices be heard enough is enough. Who's going to be next we had the SWAT Member Sucker Punching a man for talking to loud on a cell phone and caught on tape, and now this. So many stories like this it make me sick.

LeeroyJenkins
LeeroyJenkins

So yes, Kenya Montgomery may be able to buy a nice size crack rock to retire on, but keep in mind, you're the one paying for it.

Marcos Maiero
Marcos Maiero

The best form of reality check is a smack in the face. I applaud these men for fighting their hardest to keep this scum off the street.

LeeroyJenkins
LeeroyJenkins

Not THAT bad of beatdown??? There should never be beatdowns from those appointed to uphold the law not break it! Imagine what happens that's not caught on camera. MPD is out of control and it doesn't come out of their budget to pay for these problems, it comes out of taxpayer pockets!

WatusiJenkins
WatusiJenkins

Why was Kenya Montgomery running from the police anyway?  He had nothing to hide.  He was just on his way to St. Thomas University to turn in his Ph.D Thesis in Micro Biology. 

suicidesmitty
suicidesmitty

It doesn't seem like THAT bad of a beat down.

WatusiJenkins
WatusiJenkins

$40k will buy Kenya Montgomery a lot of crack cocaine.

GeekAnonymous
GeekAnonymous

Good example of dirty paid roided-out government thugs: STOP RESISTING! [Suspect is unconscious] I said STOP RESISTING!! Ok, He's not listening to my authoritah!!!!......[Commence legal police assault and foot stomping and a general beat down by at least 4 officers on one unconscious person]. 

Mark Nelson
Mark Nelson

Simply put, You run from the fuzz and get caught

Nicholas S. Goers
Nicholas S. Goers

The first few punches were uncalled for, however, He was told to get on the ground and did not follow the command. Once he was on the ground and about half way through the video, you could clearly see the officers were having a hard time cuffing him which means he was most likely resisting arrest. Minneapolis police are some the poorest serving officers in the state, but running from a copy and firing a weapon.... well! You get what you get!

Gregory Burt
Gregory Burt

Anyone know if the criminal faced any time in jail? I know for damn sure, when you run from the police and you're carrying a firearm, you should expect this coming to you. Maybe the police next time should say please and thank you!

gunnarsturm
gunnarsturm

NOT TO SIDE WITH THE COPS ,,BUT IF U RUN ,,,,,AND U  GET CAUGHT ,,,ITS UNWRITTEN U WILL GET YOUR ASS BEAT,,,,THIS GUY IS A BITCH,,THEY SHOULD HAVE JUST SHOT HIM AND MADE A STATEMENT,,MPLS HAS GONE TO SHIT,,IVE BEEN WORKING IN ST.LOUIS THEY SHOULD SEND ALL OF OUR GANGBANGERS THERE FOR A WEEK AND SEE A REAL HOOD,,THEYD THINK MPLS WAS EDINA AND CRYING FOR THERE MAMMAS,,,THE POLICE GOT FUCKED HERE,,,COPS ARE DIRTY WHOS NOT IN THE GOV,,,

 

MicheleBachmann
MicheleBachmann topcommenter

That video is fucked up.  I hope all the officers involved get fired.  How stupid are cops to not rememeber they have dash cameras.   Timothy Devick is really a cowardly asshole.  Let's hope he gets fired because he looks like the type of sucker punching cop that has made the MPD a bunch of criminals.  How stupid does Devick and Yang think we are?   Kenya Montgomery goes down insantly when that cop approaches and they attack him anyway.  I don't think you resist arrest by cowering and getting punched.   Minneapolis has a gang problem, its called the Minneapolis Police Department.   There is like 10 cops on the scene and none of them do the right thing and demand to know why a thug like Devick is punching cowering suspects.  I can't believe how many scumbags apparently work for the MPD.  During the gang strike task force and Taylor Trump case the cops lied and covered up police wrong doing.  This is just further proof.  Incidents like this show the need for new leadership, a mass firing of the current leadership would get better results, at least it couldn't get any worse.

WatusiJenkins
WatusiJenkins

 @john There's a big difference between the sucker-punching cop and this situation.  The sucker-punching cop beat up someone who was doing nothing illegal (which is wrong);  In this situation, the cops were beating up a criminal thug with a rap sheet longer than I am tall, AND he had a gun AND shots were heard before they chased him.

 

But I agree with you: They should not have beat up him up.  They should have just shot him dead thus ridding our city of yet another low-life who contributes nothing to society other than crime.  AND it would have saved us tax-payers $40,000.

WatusiJenkins
WatusiJenkins

 @LeeroyJenkins I wonder how many illegitimate babies that Kenya Montgomery has fathered that I'm paying for too? 

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