Tacoma agrees to settle paralyzed man’s police shooting lawsuit for $8 million
Tacoma has agreed to pay $8 million to a man who was shot and paralyzed by a police officer during a “slow-speed pursuit” as he pulled into his apartment complex.
Than Orn’s lawsuit said he was driving “at little more than a crawl” when Officer Kristopher Clark fired, hitting him in the neck, shoulder and back.
A trial in the case had been underway for eight days in U.S. District Court when the city agreed to a settlement Friday.
The city said in a statement that the settlement is contingent on approval from the City Council, that the city is self-insured for $3 million, “minus legal costs,” and that the city’s insurance company will pay the rest.
“The City’s Deadly Force Review Board found Officer Clark’s actions reasonable and within Tacoma Police Department policy,” the statement said in part. “We continue our efforts to decrease incidents that can escalate and result in injuries to our residents and our police officers. The City of Tacoma remains committed to comprehensive systems transformation, with our first area of focus being policing.”
Darrell Cochran, one of Orn’s attorneys, said Friday: “This should never have turned into a chaotic, 23-patrol vehicle pursuit. ... The funds that he will get from the settlement should help him improve the quality of his life.”
The lawsuit and Orn’s attorneys give this account of what happened:
Police tried to stop Orn for driving without lights Oct. 12, 2011. He was 32 at the time.
A 17-minute pursuit involving 23 patrol vehicles ensued.
Orn kept driving, reaching only about 30 to 35 mph, and headed for his apartment complex.
As Orn slowly drove around a road block into the apartment complex, Clark got out of his vehicle and fired.
Officers had been previously ordered to stay in their vehicles.
“... the City of Tacoma conducted a Use of Deadly Force review and concluded that Officer Clark needed additional training in environmental awareness, tactical positioning and officer safety,” the lawsuit said.
The lawsuit also said a “pursuit review” by the city found officers needed further Pursuit Immobilization Technique training, better radio communications and “improved command and on-scene supervisory directions.”
The city alleged in its trial brief that Clark got out of his vehicle because he thought Orn was going to ram it, and that Clark fired when Orn accelerated at him. Cochran argued Friday that “none of the scientific evidence” supported that.
“This incident has been difficult for everyone,” the city’s statement about the settlement said. “It involved a slow-speed pursuit by Tacoma Police, during which the driver, Mr. Than Orn, took many actions to avoid arrest. Out of concern for the safety of the community, officers eventually tried to contain him in an apartment parking lot.”
The statement went on to say that: “Mr. Orn tried to drive around the officers’ patrol cars, and in doing so, drove his vehicle directly at Tacoma Police Officer Kristopher Clark, who was out of his car and trying to get Mr. Orn to stop. While trying to avoid getting struck or pinned by Mr. Orn’s vehicle, the officer fired his weapon at Mr. Orn.”
Prosecutors originally charged Orn with second-degree assault and attempting to elude police. In 2012 jurors acquitted him of the assault charge and convicted him of failure to obey a law enforcement officer — a misdemeanor.
Cochran said Orn has had both legs amputated since the shooting and lives in a Lakewood-area group home. The attorney said the settlement will hopefully allow Orn to buy a home of his own and to get the health care he needs there.
