St. Paul poised to pay $95,000 settlement in police assault claim

The St. Paul City Council is expected to approve a $95,000 settlement on Tuesday afternoon with a man who was beaten by police.

Thomas Benjamin Nelson, 30, said in a claim filed with the city that he'd been assaulted by police on the 700 block of Aurora Avenue in St. Paul on Jan. 10, 2012.

The claim says that Nelson was approached by undercover officers who failed to identify themselves as police near University and Avon avenues: "Nelson, fearing for his safety, eventually fled on foot and ran to his ... family member's apartment."

Police beat Nelson with fists, feet and a flashlight, according to the claim, causing fractures of his skull, nose and eye socket. There were four witnesses to the incident. Nelson spent several weeks recovering at Regions Hospital.

Police incident reports filed by the officers say they were in an unmarked SUV conducting a "saturation patrol" in the area when they saw Nelson acting suspiciously. Police said Nelson saw them and started walking away quickly. Officers said they got out of the vehicle and chased him, shouting, "Stop! Police!"

Police said Nelson ran to an apartment where officers tackled him. They said he tried to strike an officer with both hands. One officer said he had no choice but to target Nelson's face: "I administered four closed fist strikes to the center mass of the suspect's face."

Another officer said he hit Nelson in the face with a flashlight.

"Once we gained control of him, other officer's [sic] were able to secure the apartment. Lights were turned on and we noticed the suspect had injuries to his face," according to a police incident report. "There was a large amount of blood on the floor and on my hands."

One officer said he received a cut above his eye while apprehending Nelson, who was initially charged with assault on a police officer, although a spokesperson for the Ramsey County Attorney's Office said those charges were later dropped.

City documents show that there was no internal affairs investigation of the incident by St. Paul police.

St. Paul claims manager Sandra Bodensteiner initially denied Nelson's claim on Aug. 8, 2012, saying that officers identified themselves verbally and by their clothing. She said Nelson ran because he had an outstanding warrant. "Any injuries your client sustained were due to your clients' own actions," Bodensteiner wrote in the letter.

Neither Nelson's lawyer nor St. Paul City Attorney Sara Grewing responded to requests for comment. The settlement includes a provision barring Nelson or his attorneys from talking to the media about the officers involved in the incident.

The city does not admit liability in the settlement. The City Council will likely give final approval on the settlement Tuesday afternoon.