$10M settlement reached in case of Camden man paralyzed during 2014 police encounter - nj.com

2022-05-14 20:15:31 By : Ms. Sandy Zhou

Camden County has settled a federal excessive force lawsuit filed by a man who was paralyzed during a 2014 police encounter for $10 million.

Xavier Ingram’s attorneys believe it is the largest settlement of any police brutality case in New Jersey history.

The settlement comes on the heels of a mistrial declared in March after a more than two-week civil trial in Camden federal court over the incident that left Ingram, who was 20, a quadriplegic. The case was headed back to court, but the county’s insurance company decided to settle instead.

On June 12, 2014, Ingram fled from police at the public housing complex where he lived because his attorneys said he had an outstanding warrant for a driving violation.

As he ran, Ingram later fell and said three Camden County police officers, Jeremy Merck, Nicholas Marchiafava and Antonio Genetta, beat him and that Merck stepped on his neck. Ingram testified during the trial that he heard his neck crack after being stepped on before blacking out and waking up in a hospital on a ventilator.

“I hope nobody has to go through what I went through,” he said.

His injuries included a damaged spinal cord and displaced vertebrae that have left him paralyzed from the neck down.

The lawsuit alleged an officer used excessive force, failed to provide medical care, and the Camden County police department neglected to properly train and supervise the officers involved.

Camden County officials have maintained that Ingram injured himself when he fell as he ran from police, who they say spotted him with a firearm and later found him in possession of heroin. However, Ingram denied having a gun and has said the drugs were planted on him. All criminal charges he faced have been dismissed.

Dan Keashen, a Camden County spokesman, said Monday that the county was in “complete disagreement” with their insurance carrier, who will pay the settlement. He said the carrier was “forcing the hand of Camden County” to settle.

“We do not believe this is the right decision,” he said. “...Based on the settlement the county maintains, and continues to maintain, that no wrongdoing took place and is not liable for any of the actions and circumstances of the aforementioned incident.”

Marchiafava and Genetta remain on the police force; Merck is no longer with the department.

Ingram’s attorney, Beth G. Baldinger of Mazie Slater Katz & Freeman, said the injury “could not have been caused by a slip and fall as (Camden County) contended.”

“Mr. Ingram was not resisting, did not threaten the officers and there was no justification for any use of force,” she said in a statement about the settlement.

During the trial, Ingram, now 28 and a father of four, was transported from Hammonton Center for Rehabilitation and Nursing, where he lives and receives round-the-clock care, to testify. It was only the second time he had been back to his hometown of Camden since the incident.

He took the stand from a hospital bed where he described the June 2014 night, detailing how Merck told him to “shut up” before stepping on his neck and how he was screaming “I can’t breathe” as the beating occurred.

But Ingram also spoke about what his life has been like the last eight years — how he awoke in the hospital, trapped inside his own body, unable to talk or move as his family stood over him. He testified about the night terrors that still jolt him awake nightly as he relives the encounter. He also has had numerous health scares in the years since, including nearly dying when a tracheostomy tube slipped out of place during rehab a few years ago.

When Ingram testified, he needed assistance from nurses for mundane tasks, like scratching his mustache and rearranging the microphone.

“It’s hard,” Ingram said about his life. “You can’t do nothing for yourself.”

In recent years, there have been other multi-million dollar settlements of police brutality cases in New Jersey, though they are rare. In 2014, Lindenwood, a Camden County borough, paid a $5 million settlement to a man a police dog attacked. Similarly, Atlantic City settled a case for $3 million in 2017 after a police K-9 brutally attacked a man.

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Joe Atmonavage may be reached at jatmonavage@njadvancemedia.com.

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