National Roundup

Washington
Ex-state officer acquitted in Black man’s death files claims alleging defamation

TACOMA, Wash. (AP) — One of the Washington state police officers cleared of criminal charges in the 2020 death of Manuel Ellis — a Black man who was shocked, beaten and held facedown on a sidewalk as he pleaded for breath — has filed multimillion-dollar claims against local and state officials alleging defamation.

Former Tacoma Police Department officer Timothy Rankine, who is Asian American, alleges in the tort claims seeking $47 million in damages that he was falsely accused of criminal and racist misconduct, KNKX reported Monday. Tort claims are generally precursors to lawsuits.

Rankine testified during the trial last year that he pressed down on Ellis’ back on March 3, 2020, despite Ellis saying he couldn’t breathe. Rankine was acquitted of manslaughter but said in the claims filed with the city of Tacoma and the state Attorney General’s Office that his reputation has been destroyed.

Rankine and his wife, Katherine Chinn, claim that Attorney General Bob Ferguson, his staff and contractors, as well as elected officials in Tacoma and city employees defamed Rankine by falsely accusing him of criminal misconduct and that those accusations were politically motivated, according to the claims, The News Tribune reported.

A spokesperson for the city of Tacoma said in an email Tuesday that the city doesn’t comment on pending litigation.

The Attorney General’s Office told The News Tribune through a spokesperson that it didn’t have a comment on the claims and said they first go to the State Office of Risk Management, which can resolve the claim or assign it to the Attorney General’s Office for investigation and handling. Sixty days after the claims are submitted a lawsuit can be filed.

Rankine and his co-defendants each received $500,000 to leave the Tacoma Police Department earlier this year. Joan Mell, an attorney for Rankine, told KNKX that he wants to return to law enforcement but feels he’s been blackballed. Mell didn’t immediately return a message from The Associated Press seeking comment.

Rankine and two other officers — Christopher Burbank and Matthew Collins — were each cleared of criminal charges by a Pierce County jury last December. Rankine had been charged with manslaughter, while Collins and Burbank had been charged with manslaughter and second-degree murder.

Earlier this spring, a neighboring county hired Burbank as a patrol deputy but he resigned days later with the sheriff there saying he failed to anticipate the community’s strong objections.

Attorneys for the three had argued that Ellis died from a lethal amount of methamphetamine as well as a heart condition, not from the officers’ actions. The Pierce County Medical Examiner ruled the death a homicide and said it was caused by a lack of oxygen during the physical restraint.

Ellis, 33, was walking home that night with doughnuts from a convenience store in Tacoma, about 30 miles (50 kilometers) south of Seattle, when he passed a patrol car stopped at a red light, with Collins and Burbank inside.

The officers claimed they saw Ellis try to open the door of a passing car and he became aggressive when they tried to question him about it. Collins testified that Ellis demonstrated “superhuman strength” by lifting Collins off the ground and throwing him through the air.
But three witnesses testified they saw no such thing. After what appeared to be a brief conversation between Ellis and the officers, who are both white, Burbank, in the passenger seat, threw open his door, knocking Ellis down, they said.

The witnesses — one of whom yelled for the officers to stop attacking Ellis — and a doorbell surveillance camera captured video of parts of the encounter. The video showed Ellis with his hands up in a surrender position as Burbank shot a Taser at his chest and Collins wrapped an arm around his neck from behind.

Ellis was already handcuffed facedown when Rankine arrived. Rankine knelt on his upper back.

Video showed Ellis addressing the officers as “sir” while telling them he couldn’t breathe. One officer is heard responding, “Shut the (expletive) up, man.”

Ellis’ death remains under review by the Department of Justice for civil rights violations. State officials are also investigating whether to revoke the acquitted officers’ certifications.

A federal lawsuit from Ellis’ family is also still pending against the city and the officers. The family previously settled for $4 million with Pierce County, which first investigated Ellis’ death.


Arkansas
Jury rules against couple who sued steakhouse over social-distancing brawl in 2020

LITTLE ROCK, Ark. (AP) — A jury has ruled against a Black couple who sued a Little Rock steakhouse over a fight the couple had with white customers who weren’t wearing masks and stood too close during the COVID-19 pandemic.

The federal jury on Monday found no negligence or racial discrimination by Saltgrass Steakhouse. Shayla Hooks and Tyrome Jackson sued the restaurant over the brawl in 2020, which was caught on cellphone video and widely shared on social media.

The couple’s lawsuit said they was sitting in the restaurant’s bar area when a group of people from a Louisiana tour bus entered and asked if they could sit close to them, despite social distancing restrictions. At the time, Arkansas allowed bars and restaurants to open but with capacity limits and distancing rules.

The lawsuit said the restaurant’s staff didn’t intervene as the customers harassed and intentionally stood near the couple even though Jackson said he didn’t want them sitting nearby because of COVID-19.

After a five day trial, the jury began deliberations late Friday afternoon after and continued on Monday before delivering its verdict.

“Plaintiffs and their counsel should be ashamed that they even filed this lawsuit,” Keith Bayko, Staff Counsel for Landry’s Inc., the steakhouse chain’s parent company. “We were not willing to pay plaintiffs and their counsel a nickel because this was a ridiculous lawsuit and knew we had done nothing wrong.”

Mike Laux, an attorney for the couple, did not say whether they planned to appeal. Attorneys for the couple have a motion pending seeking sanctions against Saltgrass’ attorneys, accusing them of “discovery abuses” for not providing evidence and information in a timely manner before the trial.

Saltgrass has asked the motion for sanctions be dismissed.

“While we were stunned by this verdict, it should probably come as no surprise given these (discovery) abuses,” Mike Laux, an attorney for the couple, told The Associated Press on Tuesday. “We intend to take this up with the court post-trial.”