Minneapolis will fight MPD officer's workers' comp claim
Minneapolis will fight a workers' compensation claim from a police officer who severely beat a man during unrest following the killing of George Floyd in May 2020.
The Minneapolis City Council voted Thursday to reject a $150,000 workers' compensation claim by Sgt. Andrew Bittell. He was one of two officers who beat Jaleel Stallings on May 30, 2020, an incident that led to a $1.5 million dollar settlement.
A state law makes it easier for first responders, including police officers, to file duty disability claims for post-traumatic stress disorder. About 800 officers statewide have filed for disability since 2019, according to a lawmaker who oversaw a revamp of the law last session. Minneapolis has settled dozens of claims from police officers for tens of millions of dollars since Floyd’s killing by a Minneapolis police officer, according to records compiled by MPR News.
Council Member Jeremiah Ellison said challenging the workers' compensation claim could help save taxpayer money in the long run in Minneapolis and provide a model to other cities around the state that have been burdened by workers’ compensation claims from law enforcement officers.
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“There is a moment where we have to figure out where we are going to draw some boundaries in what we're doing, and where we really bring the public in transparently in how this process works,” Ellison. “I don’t think it’s clear to the public.”
Stallings was near Lake Street and 15th Avenue in south Minneapolis when he was hit by a 40 mm marking round from an unmarked van. Thinking it was a civilian, Stallings fired back with his handgun but surrendered when he realized it was police officers that hit him with the round.
Stallings suffered a broken eye socket and other injuries. Hennepin County prosecutors charged Stallings — a legal gun owner — with eight felonies, including two counts of attempted murder of police officers.
Video introduced in court showed Stallings tossing away his gun and laying on the ground with his hands above his head before Bittell and Officer Justin Stetson kicked and punched him for about 30 seconds. The jury found Stallings not guilty after evidence presented in court contracted the officers’ claims that Stallings resisted.
Council Member Robin Wonsley said she’s been troubled that the council has rubber stamped tens of millions of dollars in workers' compensation claims by Minneapolis officers even when some have a documented history of lying.
“If we’re actually willing to go to court on claims that we believe are fraudulent, maybe that will discourage other potential bad actors from actually utilizing a necessary welfare system, which is our workers’ comp system,” Wonsley said.
Minneapolis City Attorney Kristyn Anderson said sending the claim back to staff could result in a different settlement or lead to a court hearing.
The council voted 9-3 to send the claim back to the city attorney’s office. Council Members Jeremiah Ellison, Robin Wonsley, Elliott Payne, Andrew Johnson, Aisha Chughtai, Jason Chavez, Jamal Osman, Andrea Jenkins and Emily Koski voted to reject the settlement with the officer. Council Members Michael Rainville, LaTrisha Vetaw and Linea Palmisano supported the settlement.
Earlier this week, the Minneapolis City Council’s Policy and Government Oversight Committee voted to recommend that the council reject Bittell’s claim.
A state law passed last session aims to keep officers on the job by requiring most employees now making a claim to receive up to 24 weeks of mental health treatment.