St. Paul, Minn - This week a settlement agreement was approved by Duluth City Council in the American Civil Liberties Union of Minnesota's case against the Duluth Police Department for the wrongful death of David Croud. In the settlement the city agreed to pay $100,000 to resolve the case.
"The Croud family is satisfied with the settlement because it represents an acknowledgement by the City that David Croud should not have died in police custody and because the settlement proceeds will be used for the education of David's four young children." stated John Goetz, one of the attorneys representing the Croud estate.
On October 12, 2005, Croud was violently taken into police custody by officers of the Duluth Police Department. One witness who reported the police conduct stated that Croud was passive and that he could not "over-emphasize the amount of violence..." used by police. After handcuffing Croud and getting him partially into their squad car, police attempted to taser him in order to get him into the vehicle the rest of the way. Handcuffed, bleeding, and with a "spit hood" over his head, Croud was brought to St. Mary's hospital where he was tranquilized and restrained on his stomach by the police, and then kept in that position over the objections of hospital security staff. Croud suffered a respiratory arrest, then cardiac arrest and was placed on life support. He died a few days later in St. Mary's hospital.
The case against St. Mary's hospital was resolved previously in a confidential settlement.
"While the ACLU-MN is satisfied with the settlement agreement we hope the community will remember the death of David Croud and will work to hold the police accountable for their actions to ensure that an incident like this will never happen again" stated Teresa Nelson, legal counsel for the ACLU-MN.
The ACLU-MN filed the wrongful death lawsuit on behalf of James Croud, brother of David Croud and trustee of Croud's estate.
Volunteer attorneys for the case are Al Goins of Goins Law Office, and John Goetz of Schwebel, Goetz & Sieben.