LAFAYETTE, Ind. (May 20, 2015) – A settlement has been reached in a lawsuit filed after a police officer pushed a man in a wheelchair in 2013.
Dashcam video from the Lafayette Police Department recorded the Oct. 1, 2013, incident. A mediator helped reach a settlement in the case, although terms aren’t yet known.
The video released after a Freedom of Information Act request shows Lt. Tom Davidson from the Lafayette Police Department shoving Nicholas Kincade, causing him to fall out of his wheelchair. Police said Kincade ran into the officer in his wheelchair before it happened.
Kincade was originally arrested on a count of battery, but the charge was later dropped. He said the incident left him injured and damaged his wheelchair, claiming Davidson violated his constitutional rights and the Americans with Disabilities Act.
Davidson was suspended and demoted as a result of the incident. Lafayette’s police chief had recommended Davidson’s termination.