Lafayette man files civil lawsuit in wheelchair pushing incident
LAFAYETTE (July 10, 2014) – A Lafayette man has filed a civil lawsuit in connection with an incident that led to the demotion of a police officer.
Dashcam video captured the October 2013 incident in which Nicholas Kincade is seen being pushed over by then-Lieutenant Thomas Davidson.
The encounter began when someone told police Kincade had a gun in his backpack. Police searched Kincade and found he had a pocketknife. He was told to leave the area. Video then shows Kincade maneuvering his motorized wheelchair toward the officer. He runs into Davidson, who pushes Kincade, tipping the wheelchair over. Kincade fell onto the street.
Kincade was arrested a count of battery, but that charge was later dropped. The civil suit claims Davidson violated the First and Fourth amendments as well as the Americans with Disabilities Act.
Lafayette Police Chief Patrick J. Flannelly called for Davidson’s termination, but the Lafayette Police Civil Service Commission gave him a 30-day suspension and demoted him. He was also placed on probation for a year.
The department released video from the encounter last week in response to a Freedom of Information Act request.