Jury Finds Former Louisiana Cop Used Excessive Force

A Louisiana jury has found that a former city police officer used excessive force against a man he had handcuffed in 2007.

On Friday a jury awarded $239,000 to Brian Townsend, who claimed he suffered a ruptured bladder when a then-city police officer, who is now in federal prison, allegedly kicked him while handcuffed at a police substation.

After deliberating for more than three hours, the jury found that Nathan Davis used excessive force on Townsend by pepper-spraying him, but jurors did not find that Davis kicked Townsend.

In a videotaped deposition played for the jury during the week-long trial, Davis admitted pepper-spraying Townsend but denied kicking him.

“We’re disappointed the jury somehow found Nathan Davis didn’t kick Brian Townsend,” Henri Saunders, one of Townsend’s attorneys, said.

Saunders said he was pleased the jury found that Davis violated Townsend’s constitutional rights and awarded “significant” damages.

“At the end of the day, Nathan Davis knows he kicked me,” Townsend said.

Jurors also determined that Davis’ actions did not occur during the course and scope of his employment, meaning the city-parish is not liable for the damages awarded to Townsend. City-parish attorneys had argued that Davis’ actions were not something he was trained to do.

“It’s a successful outcome for city-parish government,” Assistant Parish Attorney James Hilburn said outside state District Judge Todd Hernandez’s courtroom.

Davis’ attorney, Henry Olinde Jr., said Davis – who is serving a federal prison term of more than six years for violating Townsend’s civil rights – owes the money from a legal standpoint.

The jury awarded Townsend $160,000 for general pain and suffering; $32,000 for medical expenses; $30,000 for loss of enjoyment of life; and $17,000 for lost wages.

The jury declined to award punitive damages to Townsend. Townsend’s attorneys had asked the jury to award him $750,000 in general damages on top of any punitive damages, which are meant to punish conduct.