ACLU-MN client Derrick Gilbert settled his lawsuit against the city of Willmar and former Willmar police officer Christopher Flatten for $50,000 on November 1. This settlement comes after Gilbert was unlawfully arrested by Flatten in a classic case of “walking while Black.”
On the morning of June 22, 2022, Gilbert was walking to work when Flatten saw Gilbert from behind. Flatten claimed in his police reports that he thought Derrick was a man named Sammy Price. Flatten reported to have had prior interactions with Price and thus knew what he looked like.
Gilbert is seven years older, four inches taller, and at least 90 pounds lighter than Price.
Flatten parked his squad car and approached Gilbert, calling him “Sammy.” Additionally, though he was required to turn on his body worn camera, Flatten “forgot” to do so. No dashcam video was created either.
Gilbert told Officer Flatten that he was not “Sammy.” Flatten decided to harass Gilbert anyway and continued following him and calling him “Sammy.” He even called for backup.
A Kandiyohi Sheriff’s deputy arrived and about a minute later, two men arrived in a grey pickup truck. They were not wearing any uniforms, and the truck was not identifiable as a law enforcement vehicle. The truck jumped the sidewalk and within five seconds, Flatten and the other three men jumped Gilbert and pulled him in different directions, nearly dropping him on his face on the sidewalk.
At no time did Gilbert deny any lawful order from Flatten or any other law enforcement official. During the attack, officers cut Gilbert’s backpack off, threatened to tase him, and handcuffed him.
Because Gilbert was not Price, Flatten decided to arrest him for obstruction of the legal process instead of the warrant out for Price. Specifically, Flatten reported that Gilbert had “clenched fists.” Under these facts, obstructing the legal process is a misdemeanor, for which arrest is unlawful under Minnesota law. And yet, Gilbert was put under arrest and transported to Kandiyohi Jail, where he was booked for obstructing the legal process and spent a night in prison.
All charges against Gilbert would later be dismissed, but due to Flatten’s false allegations, Gilbert had to face criminal proceedings, including several court appearances, for which he had to take time off work. It wasn’t until six months after Flatten harassed and unlawfully arrested Gilbert that prosecutors dismissed the charges against Gilbert.
“I’m very happy for this result,” said Gilbert after the settlement. “It was horrible to be walking to work and be accused of being a completely different Black man. I hope this will stop other officers from doing this to other Black men in Minnesota. I’m grateful to the ACLU of Minnesota and its supporters for taking my case.
Flatten left the Willmar police department and joined the Kandiyohi County sheriff’s department in April. In July, he wrecked his sheriff’s squad car and was charged with a number of crimes relating to drunk driving. In October, he resigned from the Kandiyohi County Sherriff’s Office. And in November, Flatten pled guilty to fourth degree drunken driving. His sentence includes two years’ supervised probation and sets aside a 90-day jail term. Flatten also was ordered to pay $415 in fines and fees.
“We’re happy to have helped Derrick and sorry that he had to go through this,” said ACLU-MN Staff Attorney Ian Bratlie. “Black men should not have to worry about being over-policed in our society. It’s unjust, evil, and unamerican.”
The ACLU of Minnesota is a nonprofit, nonpartisan organization that defends and promotes the rights of all Minnesotans through litigation, lobbying and community engagement.