City settles 2008 case that alleged excessive force by SPD
SEATTLE -- A man who filed a lawsuit alleging a Seattle police officer used excessive force during his arrest in 2008 has won a $75,000 settlement.
John Kita settled with the city of Seattle on Tuesday, a city spokesperson said. The money will include court costs and attorney fees.
Dash cam footage of the incident showed officer Kevin Oshikawa-Clay summoning Kita from across a parking lot. The man is seen walking over to the patrol car and placing his hands on the hood as the officer instructs him to do. The officer is then seen hovering over the man, and demanding the man's hands. When the man is slow to react, the officer is seen slamming the man's head into the hood of the car.
In court filings, Oshikawa-Clay insisted Kita resisted arrest. The officer said his actions were by the book, dictated by his police training.
Clay told the court he saw Kita tackle his own girlfriend to the ground in a parking lot. Kita denied the claim and was acquitted. He later sued the city, claiming the officer injured his neck and back, making it impossible to turn his head.
The City of Seattle had moved to dismiss the case, but a three-judge 9th Circuit Court of Appeals panel ruled against the city in June, allowing the case to go forward.
In settling the suit Tuesday, the city says it does not admit any liability.
Just over a year ago, a Department of Justice investigation found the Seattle Police Department had a pattern and practice of using excessive force.
John Kita settled with the city of Seattle on Tuesday, a city spokesperson said. The money will include court costs and attorney fees.
Dash cam footage of the incident showed officer Kevin Oshikawa-Clay summoning Kita from across a parking lot. The man is seen walking over to the patrol car and placing his hands on the hood as the officer instructs him to do. The officer is then seen hovering over the man, and demanding the man's hands. When the man is slow to react, the officer is seen slamming the man's head into the hood of the car.
In court filings, Oshikawa-Clay insisted Kita resisted arrest. The officer said his actions were by the book, dictated by his police training.
Clay told the court he saw Kita tackle his own girlfriend to the ground in a parking lot. Kita denied the claim and was acquitted. He later sued the city, claiming the officer injured his neck and back, making it impossible to turn his head.
The City of Seattle had moved to dismiss the case, but a three-judge 9th Circuit Court of Appeals panel ruled against the city in June, allowing the case to go forward.
In settling the suit Tuesday, the city says it does not admit any liability.
Just over a year ago, a Department of Justice investigation found the Seattle Police Department had a pattern and practice of using excessive force.
As a taxpayer i would rather see a public beating of these sadistic officers at a mall or a fair. following a total exposure of him and his family, as criminals and thiefs of public funds. and then of course a total seizure of all of their assets.  this will make other psycho heroes in uniform think twice before acting out their sadistic bully fantasies...
I would like to see who on city council has the courage to stand up and say, enough is enough. Let's make these rogue cops like Oshikawa-Clay pay financial settlements in these lawsuits with their own money, not that of taxpayers. Why should taxpayers continue to pay these outrageous settlements while these guys/gals keep collecting a paycheck?
The Seattle tax payer just keep bailing them out - "To Protect & to Serve"Â yes but whom, the union?
I knew a guy who used to be SPD. He was pure evil(no bs).
Should have gone to trial. There is no business for Seattle PD to avoiding having to admit liability. They settle in order to look good, but the evidence is right there in front of your face. Seattle PD is second only to LA in police corruption and abuse.
 @scientist321 and Miami Beach PD. high union pay and benefits while endless lawsuits. that corrupt beehive doesn't even have cameras on their cars. welcome to american freeDOOM...
That is outrageous. There was no need for the head slam at all.
@Melissa Angevine There was probably no need for the guy to assualt his girlfriend either.
 @Surveyor1   So that makes it okay to use unnecessary excessive force?  I don't think so.Â
Whether that guy did hurt his girlfriend or not, doesn't give the right as an officer to use excessive force against the boyfriend. It just isn't right. Just take the guy into custody, and treat him like any other person. Everybody should be treated equally, even if you are law enforcement or a police officer. Don't abuse you authority because you have a badge and you sworn to an oath to protect.
Here is another classic example of what Seattle now has roaming the streets, a bunch of badge heavy thugs that think nothing of overreacting to a situation that can do nothing but give Seattle the title of New Orleans of the NW. Is it any wonder that they have been holding out on releasing those dash cam videos? Someone needs to take control and put enough force on them to reform their actions, practices and lawlessness.
Just give these anti-cop trolls what they want. Disband the SPD and disarm law abiding citizens of Seattle. I'm not saying what this cop did was right. I'm just responding to some of the extreme anti-cop sentiment comments being made here.
 @cawlnaduckaduck How about due process. And the cops are being seen and should be held responsible. Guess that would justify violence by anyone as it's certainly been ok'd for SPD. Come on!
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@Yoda If you read my comment carefully you'll see that I'm not condoning this type of behavior from any law enforcement official. I'm just merely addressing some of the extreme anti-cop sentiment held by a few.
Should have took it to a jury, would have made a lot more money. First off if an officer calls you from across the street just make you never heard him and keep walking. This officer like so many have, broke the law by stopping and frisking the guy and then beat him up. Never trust an officer, know your rights as a citizen, answer absolutely no questions except your name. Anything other communication with an officer is apt to get you beaten and thrown in jail. Until our law enforcement communities are cleaned up there's no reason to trust them.
Go to work, don't commit any crimes, follow the law, pay your taxes, drive the speed limit. If you follow these basic rules you should never have any contact with the police!!
 @tkyed Obviously your wrong! Often one can just be walking down the street and get taken down. Racial profiling still exists and this I have seen numerous times. Stop hating and know that we are all responsible for standing by and not doing anything. He should be fired and sued. Why should citizens pay for an individual's behavior. Do blame the vicitm!
 @tkyed Except the countless times the police get the houses wrong, the suspects wrong, and find yourself in the middle of a situation you did not ask for....like trying to go to work in a area there is protest going on and find yourself being thrown to the ground and peppered sprayed..or like the majority of the students who died at Kent State who were just going to class and not part of the protest and were shot dead regardless.
@tkyed You live in a dream world. John T. Williams was crossing a street and officer Ian Birk pulls up in his patrol car and immediately pulls his gun and follows Williams (4:12:22pm). Williams was not breaking the law at that point and Ian Birk testified that he had no prior interactions with Williams so any prior infractions are irrelevant. Within 13 seconds, officer Ian Birk has fired 5 shots killing Williams (4:12:35pm). Your premise is absurd.
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See link below:
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http://educate-yourself.org/cn/ianbirkspdmurderer18fab11.shtml
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@the unvarnished truth So you think this police officer should get 10 years for this, but the guy who just assaulted his girlfriend in front of the officer is totally fine? I'm not saying what the officer did was right, but this guy wasn't an innocent bystander.
smells like a tho tho to me
 @futhi151 What the hell is a tho tho?
Regardless of who is at fault. WHY IS IT THAT THE TAXPAYERS HAVE TO PAY FOR THIS?
 @The Truth That is part of the problem and I totally agree. He needs to be fired, go to jail, and pay for his violent behavior.Â
While I agree that police should not have the right to abuse their power, something to be said about the fact that you can abuse your girlfriend in plain sight of a police officer, then get paid because the officer roughed you up. The difference between the two? A camera. I'm not saying what the officer did was right, just that apparently this guy just did the same thing to his girlfriend, but there was no camera rolling to capture that.
 @Surveyor1 He isn't guilty until it's proven. Due process wasn't created for nothing.
@Surveyor1 He didn't abuse his girlfriend.
 @Surveyor1 Did you not read the part about where he was acquitted on the DV?
@Commenter87643 He was most likely aquitted because the girlfriend wouldn't testify in hopes of joining in on the payday. Just because he was aquitted, doesn't mean he didn't do it.
Alleged ??????
Damn - right out of WWF!
To me this is one of those, pick on someone your own size situations, I'd be willing to bet half of these cops are not so tough without their badge on. Sure circumstances arise where force is necessary but there is not a working class job out there where someone is allowed to physically touch another human for not listening to authority. Why do cops think these same rules do not apply to them?
 @Northriver I'm sure with all the new technology, things will be changing as we all will be exposed and that includes cops, local government, etc...It's about time, something needs changed.
 @Northriver "there is not a working class job out there where someone is allowed to physically touch another human for not listening to authority" ...
And how would you suggest the police arrest people that are "not listening to authority" without physically touching them?
"Not listening to authority" is not against the law. A peace keeper shouldn't touch someone unless they are breaking a law, hence the reason they are sworn to protect and serve the general public. Instead of trolling KOMO looking for arguments read between the lines of what people are saying. Speaking in generality this specific officer is clearly one of just a small percentage that overstep their boundaries of authority. Now next time you quote my posts as I am sure you will again judging by your pts here is the rest of what I said "Sure circumstances arise where force is necessary"
 @Yoda  @Northriver Scrutinize the cops we must !
 @Northriver I disagree. I have seen a lot of police violence and have seen how they don't tell and are just as guilty. It's unacceptable.
 @Komo Dragon Those charges were thrown out in a court of law, but to answer your question if in fact Kita did tackle his girlfriend and the officer was witness to this, then yes my opinion would change and for sake of my own personal actions I would have probably done more than slam this guys head on the hood of the car. Unfortunately the officer was at the wrong end of the law in this situation and the so called "guilty" were proven innocent. I do see where you are coming from here and in all means you are probably correct in thinking this Kita guy deserved what he got. I just tool an alternate stance knowing that there are those officers out there who abuse their authority.
 @Northriver if as the cop says, Kita has in fact tackled his own girlfriend before, would that change your opinion about the officer? If it would, then ask yourself, why you excluded his testimony from your opinion.Â
Meanwhile a push to disarm us and leave us unable to defend ourselves is afoot. Â When the police are the ones many are scared of we should be going the other way and taking power back and expanding our freedoms.
 @APenny4MyThoughts Right because where there's less police or law there's more order? That' doesn't make any sense. I agree with you about retaining our gun rights, but police are out there everyday protecting us from thugs and criminals running wild.Â
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Really? You're that scared of the police? Pretty sure when someone's committing a crime against you, you won't hesitate to call 911 for PD assistance...that's how afraid you are of the police, right?Â
 @NWMonster  @APenny4MyThoughts Remember: When you are being robbed, beaten or shot at, the police are just minutes away.
 @NWMonster I am, in a day an age were police and prosecutors are more about getting a conviction and getting reelected than getting the right man.  Where cops are allowed to lie and have little repercussions for breaking the same laws they are sworn to protect.  Talk to a judge or prosecutor off the clock and ask what you should say to police and they will tell you to say nothing even if you are just trying to help.  To say they are protecting us is overblown they are responding to calls very few occurrences is a law enforcement officer present at the start of something. I will call the police when needed and safe but I don't for one second believe they will be there to stop anything they will be there to take a report.<br>Pretty long but this is pretty educational.http://www.youtube.com/watch?v=6wXkI4t7nucÂ
I feel ashamed for our Police force and their excessive use of force. I'm just glad that these dash cams are out there to chronicle it.
 @Wabbit not enough cameras it seems... Kita may have tackled his own girlfriend and then it would not seem so one sided ...
Yeah....because no bad cop would ever think to do something intentional outside of the dash cam's view???? I would guess that if you had half a brain and you were a bad cop, you would deliberately conduct business outside of the camera view...not in front of it.Â
Yet another shinning example of the leadership of the SPD and their ever so wonderful union. Good job, pat yourselves on the back
 @Dhnr It's not a union issue so much as it is a training and management issue. If the chief and his cronies were above reproach , then a union would not be needed and wild cards like this jackboot would be looking for work.