photo by: Lawrence Police Department

This frame from a Lawrence Police Department dash camera video shows Officer Brindley Blood, right, pulling her gun as motorist Akira Lewis, left on top, attacks Officer Ian McCann, left on bottom, May 29, 2018, near Sixth and Massachusetts streets in downtown Lawrence.

The City of Lawrence has reached an $80,000 settlement with a Black driver who was shot by a rookie police officer after a traffic stop turned violent.

The driver, Akira Lewis, filed an excessive-force lawsuit in September 2019 against former Lawrence Police Officer Brindley Blood, who shot him, as well as additional claims against the other officer involved in the traffic stop, the City of Lawrence, its police department and the police chief. The lawsuit alleges in part that Blood used excessive force against Lewis and that the city and its police department failed to properly train and supervise officers. The city has denied those claims.

The case was moved from Douglas County District Court to U.S. District Court because the allegations fall under the Civil Rights Act. The parties have already agreed to dismiss the now former police chief and the other officer involved in the traffic stop, Ian McCann, from the lawsuit. The lawsuit accused both Blood and McCann of battery, and accused both officers and the city of Lawrence of negligent infliction of emotional distress. Attorneys representing both sides in the lawsuit have indicated they expect final documents dismissing the remaining defendants — Blood, the city and the police department — to be filed with the court in the coming weeks, which would finalize the settlement.

Sean Sturdivan, an attorney representing the city, told the Journal-World in an email this week that all claims against all parties were resolved at the court-ordered mediation and that the city expected a stipulation of dismissal with prejudice for the remaining defendants to be filed with the court within the next 30 days. A dismissal with prejudice would mean the case could not be filed again.

“Although the City denied liability in the case, the parties were able to reach an amicable resolution,” Sturdivan said.

Dash cam video of Lawrence police shooting after traffic stop

Sturdivan said that the principal terms of the settlement were that the city’s insurance carrier has agreed to pay $80,000 and the cost of the mediation in exchange for a full release of any and all claims against the city and its employees, including those named in the lawsuit. An Alternative Dispute Resolution report filed with the court indicates that mediation fees totaled $3,475.

One of Lewis’ attorneys, Danielle Davey, told the Journal-World in an email this week that the stipulation of dismissal of McCann was a part of the settlement agreement. Though Blood could never be summoned for the case despite multiple efforts, Davey said the remaining parties would be dismissed upon completion of the remaining terms of the agreement.

“It is unfortunate that Officer Blood chose to hide and avoid service rather than personally account for her actions, but Mr. Lewis and his family are ready to put this traumatic experience behind them and move on with their lives,” Davey said.

As the Journal-World previously reported, efforts by Lewis’ attorneys included hiring a private investigator, but to no avail. Court records indicate voicemails left on Blood’s phone went unreturned and that multiple summonses were issued for Blood but all were returned unexecuted. Blood, who was a rookie officer at the time of the incident, resigned from the police department in January 2019. Public records indicate Blood subsequently divorced and sold her Lawrence home. The summonses were issued to addresses in Utah.

photo by: Sara Shepherd

Akira S. Lewis, of Lawrence, testifies Wednesday, March 20, 2019, in Douglas County District Court during a preliminary hearing for a Lawrence police officer charged with aggravated battery for shooting Lewis as he attacked another officer who was trying to arrest him.

The shooting occurred on May 29, 2018, in the 100 block of West Sixth Street, at the north end of downtown, after McCann pulled Lewis over for a seat-belt violation as part of a seat-belt enforcement campaign. In police dashcam video, Lewis contends he was racially profiled, declines to provide McCann his license and registration and instead demands that a supervisor be called. The discussion continues, and when Lewis persists in asking for a supervisor and does not comply with requests, McCann attempts to physically pull him from the car, stating that Lewis is “going to jail.” Lewis subsequently strikes and body slams McCann. Blood shoots Lewis within seconds after the physical altercation begins. As seen in the video, Blood yelled “Taser” before firing and later told investigators that she meant to use her Taser but mistakenly drew her gun.

The lawsuit alleges in part that during Blood’s time in the city’s police training program and in field training, several training officers expressed concern regarding Blood’s performance and competency to work in law enforcement. The lawsuit states that despite the concerns expressed by training officers, Blood was assigned to multiple training officers until she was eventually passed through training. In its response, the city admitted some officers expressed concern over Blood’s performance of certain exercises but that she passed training and was commissioned. The city denied the allegations that it failed to train and supervise its officers.

photo by: Sara Shepherd

Brindley D. Blood appears in Douglas County District Court on Wednesday, March 27, 2019. She appeared with her attorneys Tom Bath, left, and Michael Riling.

Lewis was hospitalized after the incident and the lawsuit requested damages of at least $100,000. The lawsuit states that the bullet entered Lewis’ back, lateral to his spine, and had to be surgically removed and necessitated a small bowel resection.

Steps to finalize the settlement and dismissal of all parties from the lawsuit were expected this week, but have since been extended. An order from District Judge Kathryn Vratil on July 27 states that on or before Aug. 26, the parties shall file a stipulation of dismissal signed by the parties who have appeared in the action. Since then, a partial stipulation of dismissal has been submitted, regarding only McCann. Former Police Chief Gregory Burns was previously dismissed from the case. On Wednesday, Davey filed a motion for an extension of time, which the judge granted.

The motion states in part that the parties have been working diligently to finalize the settlement, including completing the necessary documents but that Lewis has not yet received the agreed-upon settlement funds. The Journal-World requested the settlement agreement from the city and also asked the city about what is needed to finalize the settlement, but had not yet received that information as of Friday afternoon.

Blood previously faced criminal charges in relation to the incident, but Judge Peggy Kittel dismissed those charges in March 2019. Prosecutors had alleged that Blood acted recklessly when she shot Lewis despite “extensive” police training. Kittel disagreed, saying Blood made a mistake and may have been negligent but evidence did not support the felony of reckless aggravated battery.

Lewis was also charged in relation to the incident. In August 2019, he pleaded no contest in Douglas County District Court to battery against a law enforcement officer. Lewis was sentenced to 12 months of probation, required to take anger management classes and must pay court costs and other fees, among other conditions.