An Iraq vet whose skull was fractured by a projectile shot by police during an Occupy Oakland protest has agreed to receive $4.5 million to settle a federal lawsuit with the city of Oakland.
During the protest, 26-year-old Scott Olsen was hit in the head by a beanbag round fired by a police officer standing less than 30 feet away from him, The Associated Press reports.
The large settlement amount stems from a variety of factors, including the nature and severity of Olsen's injuries and the negligent training of the officers.
Why Not Go to Trial?
Oakland City Attorney Barbara Parker said that a jury might have awarded Olsen more money if the case had gone to trial. So why didn't Olsen and his attorney go to trial?
People opt to settle cases before trial for a variety of reasons. In this case, it seems a settlement was more preferable because the litigation was taking a toll on Olsen. As he said, "It's been very a very difficult two and a half years for me, everything from being in the hospital, to relearning how to talk to dealing with a lawsuit, that's been a lot of stress."
Trials are tough on people. The litigation process can be long and exhausting. Even though going to trial might have secured Olsen a larger damages award, he and his attorney were likely keen on reaching a quicker resolution so that he could move on and focus on his health.
Why $4.5M Settlement?
Because of the beanbag shooting, Olsen suffered permanent brain injuries and has not been able to return to his career as a computer systems administrator. He had to relearn how to walk and talk, the AP reports.
The damages stemming from Olsen's injuries played a central role in the large settlement award. They included economic damages -- such as lost wages and past, present, and future medical costs -- as well as noneconomic damages such as emotional distress and pain and suffering.
Another major factor in the settlement was the police officers' use of excessive force. An independent study in June 2012 reported that police were ill-equipped to handle the Occupy Oakland protest because of inadequate staffing as well as poor planning and training, according to The AP.
The tragic injury will affect Olsen for the rest of his life, but the $4.5 million award is designed to help ease the financial burden of his arduous road to recovery.
- Oakland to pay Iraq War vet $4.5 million for Occupy shooting (Oakland Tribune)
- Can Occupy Oakland Vet Sue Police for Injuries? (FindLaw's Injured)
- 2 Occupy Protestors File Excessive Force Suit (FindLaw's Injured)
- UC Davis Pepper Spray Suit Settled for $1M (FindLaw's Injured)