Wichita settles police shooting lawsuit

? A man paralyzed in a 2004 shooting by a Wichita police officer has won $4.75 million in a settlement with the city.

Matt Clay, then 20, was shot in a parking lot, where he had stopped to seek help from officers after a car hit two vehicles parked at his home and drove away.

Police have said they thought he was reaching for a shotgun in his vehicle when an officer shot him.

The lawsuit contended Clay was actually trying to unbuckle his seat belt to comply with an order from police to get out of the car.

Clay, who was paralyzed from the chest down, now lives in Arkansas.

“Matt is very pleased that the matter is resolved,” said Clay’s attorney, Pedro Irigonegaray, of Topeka.

The money, which will be paid in a lump sum, will help with medical expenses and allow Clay to have financial security, Irigonegaray said.

“We feel comfortable this agreement takes care of that in a manner which is most appropriate,” Irigonegaray said.

In the settlement, the city did not admit any wrongdoing by police officers.

“This was a situation they didn’t create,” said City Atty. Gary Rebenstorf. “They had to react to what the plaintiff was doing. And when they did, they followed all the procedures and policies.”

The city didn’t want to risk a trial, Rebenstorf said, noting juries that considered similar lawsuits in other states have returned much higher verdicts.

“We have to look at the risk of going through a three-week trial, and all the costs of that,” he said.

“Some things can be put into evidence; some things can’t get into evidence. You have to weigh all that risk.”

The settlement money comes from the city’s Self-Insurance Reserve Fund, which the city budgets every year based on that year’s litigation.

The lawsuit alleged police officer Matthew McGuire violated Clay’s Fourth Amendment rights by using unreasonable and excessive force.

The district attorney’s office determined the shooting was justified.