Family of man shot by police near Sandy gets $1M settlement
01:03 PM PDT on Thursday, July 2, 2009
SANDY, Ore. -- An out-of-court settlement will give the family of a man shot by police in Sandy $1 million to dismiss a civil suit against the city.
The Sandy Post reported the settlement ends a civil case in which the city and one of its former police officers were accused with the wrongful death of Fouad Kaady.
The family hired high-profile attorney Gerry Spence to argue their case in 2006.
Kaady was 27 when Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office shot him seven times.
The suit named the city of Sandy, Clackamas County and individual officers. It seeks monetary damages — to be determined at trial — for civil rights violations, excessive force and wrongful death.
When the officers encountered him, Kaady was unarmed, naked and bleeding after smashing his car on a rural road.
The suit claimed officers should have spoken calmly to Kaady, letting him know medical help was on the way.
"The law enforcement officers instead treated him in a hostile manner, ordering him to lay on the hot pavement on the burned skin that was hanging off his torso, shooting him in the back with the high charges of electric shock from the taser weapons," the lawsuit states.
After being stunned, Kaady started running around, eventually to the top of a patrol car, where he reportedly yelled at officers.
In the official police report, a detective said Kaady's behavior before the shooting may have been caused by "excited delirium," a condition associated with illegal drug use, mental illness or injury.
Kaady's family thinks his behavior was caused by the shock of being badly burned.
A grand jury found no criminal wrongdoing on the part of Bergin and Willard.
Bergin, in an unrelated matter, resigned from the force last month, shortly before he was indicted on charges of identity theft, official misconduct and misuse of a license.
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