Published: June 28, 2009 11:09 pm      

COURTS: Coleman sues for $4.5M

BUFFALO — The Falls woman who suffered a fractured skull and other injuries after a brawl with city cops has filed a lawsuit in federal court seeking at least $4.5 million dollars in damages.

Jaquinda Coleman’s suit seeks specific damages stemming from claims police violated her civil rights, assaulted her, falsely arrested her, were negligent in their conduct and inflicted emotional distress on her. She also asks for additional, unspecified punitive damages to be determined by a jury after a trial.

Coleman suffered a fractured skull and other injuries after a brawl with police erupted outside her apartment in the 4600 block of Hyde Park Boulevard on Feb. 24, 2008. Police had responded to a report of a man hitting a pregnant woman in an apartment near Coleman’s.

The suit charges the city and a dozen police officers, “known and unknown” with a “willful and intentional attack (on Coleman)” that included beating her, using a noxious chemical spray and then intentionally restraining her without her consent. Coleman’s lawyers also contend that “all of the defendant’s acts ... were without probable or just cause, grounds or provocation and were excessive, unreasonable, unnecessary and without any privilege or justification.”

Officers who responded to the domestic violence call said when they arrived on the scene, family members of the pregnant woman, including Coleman, were “yelling at officers to ‘do (their) job’ and arrest (the woman’s boyfriend).”

Inside the apartment, officers said the victim told them she and her boyfriend “were arguing and he pushed my son and my son bumped into me on accident. (The boyfriend) did nothing to me.” Officers said the victim’s son also told them that (the boyfriend) did not “beat (his mother) up.”

Officers said Coleman became agitated after the man involved in the incident was not immediately charged at the scene and called one officer “a (expletive) racist pig and a Nazi.” Police said Coleman also began yelling, “I don’t have to listen to you. I only listen to God, you white supremacist.”

After telling Coleman to leave the area, and with family members reportedly “attempting to drag her away,” police said she broke free and again confronted them.

As officers took Coleman by the arm to place her in handcuffs, she yelled, “It’s on.” and took off her glasses and put up her fists. As Coleman charged at an officer yelling profanities, police said they used pepper spray to subdue her.

The spray briefly stopped Coleman, but she then charged the officer again and was hit with another shot of pepper spray.

Coleman, who is estimated to be 6-feet-2 and weighing 225 pounds, again charged the officer, who had exhausted his supply of chemical spray. The officer who “was in fear of being tackled by (Coleman)” and feared she would be able to reach the weapons on his gun belt, struck the woman with his flashlight.

In a report on the incident, the officer indicated he “swung the flashlight in a downward motion” attempting to hit Coleman in the rear shoulder to knock her off balance and escape her. However, as Coleman came at the officer she was struck in the head.

Coleman was taken to Niagara Falls Memorial Medical Center for treatment of her injuries before being transferred to Erie County Medical Center.

In the lawsuit, Coleman’s lawyers claim she continues to suffer “continuous pain and anguish.” She has also suffered “intense emotional distress and embarrassment,” which is likely to continue.

The suit also claims that a lack of training by the Falls Police Department created conditions that allowed officers to “act with deliberate indifference to the constitutional rights of individuals, (tolerated) misconduct by its police officers and encouraged misconduct” by failing to train of discipline officers.

The suit had been expected after Coleman had filed a notice of claim with the city in May 2008. Police said Coleman had also threatened to sue the city just hours after the incident.

In comments made to a Falls police officer, as she was being treated for her injuries at Memorial, Coleman said, “I’m gonna be rich after this. I’ll take a cut on the head. I don’t have to listen to your orders, I only listen to God. I’m gonna get the Rev. Al Sharpton here and take you all on. I don’t have to listen to (Falls officers). What? Because he is white, with a badge?”

Coleman was charged with disorderly conduct, resisting arrest and second-degree obstructing governmental administration. In November 2008, as jury selection for her trial began, Coleman cut a deal with prosecutors that saw her plead guilty to two counts of disorderly conduct, with prosecutors dropping the resisting and obstruction charges.

She was sentenced to 40 hours of community service for her guilty plea. She completed that service on June 6.

Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.