SPD ordered to pay $20K for denying records in excessive-force complaint.
A King County judge has ordered the Seattle Police Department to pay a penalty of nearly $20,000 for denying public records to an antiques dealer.
A King County judge on Wednesday ordered the Seattle Police Department to pay a penalty of nearly $20,000 for denying public records to a 72-year-old antiques dealer.

Turner Helton sought the records in 2010 after a department internal investigation cleared two officers of misconduct in a 2009 incident in which Helton complained he was the victim of excessive force.

Helton sued to obtain the records, which the department finally gave him Aug. 30, 12 days after a landmark state Supreme Court ruling in a different case that provided greater public access to investigative records involving police officers.

The department also recently said that as a result of the Supreme Court decision, it will no longer withhold internal-investigation files from the public when an officer has been cleared of misconduct

Helton's attorney, Patrick Preston, said after Wednesday's ruling he is studying the records provided to his client to determine whether to bring a civil-rights claim against the city, possibly followed by a lawsuit if the claim is denied.

Helton alleges that police used excessive force when officers responded to his Sodo District business after his health insurer reported that he might be suicidal.

Preston has previously said that Helton, after calling his insurer to complain about its refusal to pay for a prescription, made an offhand comment that if he wasn't given the drug, he "might as well die now."

Helton maintains that officers roughed him up while subduing him, and called a private ambulance to take him to Harborview Medical Center for a psychiatric examination. Staff at the medical center found no reason to detain him, according to court records.

Seattle police reported that Helton, when contacted, didn't respond to commands to calm down and made furtive movements. No criminal charges were brought against Helton.

During Wednesday's hearing, Preston asked Superior Court Judge Richard Eadie to impose the maximum penalty of $100 per day on the Police Department for acting in bad faith.

"The Police Department is acting as though they are above the law," Preston said, citing other cases in which the department has been found to have violated the state public-records law or reached a settlement.

Assistant City Attorney Sumeer Singla argued for minimal penalties of $5 a day or less, saying the department followed the law and acted in good faith.

Eadie set the penalty at $45 per day, covering more than 430 days from June 8, 2010, when Helton filed his request, and Aug. 18, when the Supreme Court ruling was handed down.

The judge said the Police Department had violated the law by giving Helton's request "too short of shrift," but had not acted in bad faith.

After the hearing, Helton said the penalty would "not make much of an impression" on the Police Department.

Eadie will take up the issue of fees sought by Helton's attorneys later.

Information from Seattle Times archives is included in this story.

Steve Miletich: 206-464-3302 or smiletich@seattletimes.com

quote:

After the hearing, Helton said the penalty would "not make much of an impression" on the Police Department.

I tend to agree. $20K is chicken feed to them and the City Council. $20 million would wake them up.
Peter.

Ditto.

Why would they give a shit about $20K? It's just taxpayer money, and they'll get their budget increased next year to cover it.

Where is the penalty? The city attorneys and cops are paying it of their paychecks.

Above the law? Exactly. The state should prosecute the city attorneys and cops.

Otherwise it is a joke.

It is also another case of some busybody do-gooder sticking their nose into someone else's business: the health insurer.

The cops then have the excuse (like all the fallout from the social welfare worker crap) to go beat up a guy that some unknown person thinks might be suicidal.

Holy shit. What's wrong with that picture?

I do believe I would sue the health provider first.

Ever heard of "suicide by cop"?

I don't go home w/more holes in me than I started the day with!