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Board of Estimates to approve $223K in police brutality settlements

The city’s spending panel on Wednesday is scheduled to approve $223,000 to settle two excessive force lawsuits against the Baltimore Police Department.

The Baltimore Board of Estimates is scheduled to approve $150,000 for an East Baltimore man who lost two fingers in a police shooting. Marque Marshall sought $2 million after he was shot in his left hand by Det. Calvin Moss during a foot chase in January 2013.

Marshall was heading to his girlfriend’s house to babysit their child when he passed Moss and other officers sitting in an unmarked police car in the Bel-Air Edison neighborhood. Moss claimed Marshall had a “startled and shocked look on his face” as he passed the officer’s car, so they decided to investigate, according to Marshall’s pretrial statement.

Marshall’s lawsuit claims the officers began to follow the car as it slowed down to try to find a parking space. Marshall got out of the car to walk to his girlfriend’s house and started running when he saw police because “he either would be beaten or arrested,” according to his pretrial statement.

The officers, by contrast, claim the chase began after they saw Marshall attempt to exit the car while it was moving, according to the Board of Estimates agenda. Officers believed Marshall was holding a handgun as he was running and also grabbed at his waist “repeatedly, which is consistent with possessing a handgun,” the agenda says. As Moss scaled a fence to continue his pursuit, Marshall allegedly turned toward him “in a manner that is consistent with preparing to fire a handgun,” the agenda says. No handgun was found at the scene.

Marshall claimed he jumped a fence, ran into an alley and was prepared to stop when Moss “blew off” the pinky and ring fingers on his left hand, according to his pretrial statement.

Marshall was taken to Union Memorial Hospital and underwent surgery for his injury, according to the agenda. He was charged with second-degree assault and possessing drugs and a handgun, all of which were dropped a month later, according to online court records.

Marshall’s lawsuit was settled in December, days before a trial was scheduled to begin in Baltimore City Circuit Court.

Dominic Iamele of Iamele & Iamele LLP in Baltimore, Marshall’s lawyer, did not respond to a request for comment.

The case is Marque Marshall v. Calvin Moss, 24C13008182.

In the other settlement, the Board of Estimates is scheduled to approve $73,000 for a private security guard who accused two police officers of bringing criminal charges against him after he filed a complaint with the department’s Internal Affairs Division.

Albert Lemon called police to the Orchard Gardens apartment complex in August 2012 to assist with a man he detained for loitering. While Officer Anand Badgujar questioned Faust, Officer Haywood Bradley entered the management office and began “screaming belligerently and using obscenities” at Lemon, according to the complaint.

Bradley told Lemon he was under arrest for false imprisonment and pointed his gun at Lemon’s head, ordering him to the ground, and Badgujar also drew his gun and pointed it at Lemon, according to the complaint.

According to the board’s agenda, however, Bradley and Lemon “exchanged words” after the officers saw that Lemon had handcuffed the suspect. When Bradley attempted to arrest Lemon, Lemon reached for a handgun he was carrying, prompting Bradley and Badgujar to draw their guns and arrest Lemon, according to the agenda.

Lemon was taken to the Central District station where a supervisor ordered the officers to release him, the lawsuit states. Lemon filed his complaint with internal affairs three days later.

Bradley filed misdemeanor theft and assault charges against Lemon one month later “after learning of the complaint,” the lawsuit states. A Maryland District Court judge granted his motion for acquittal on the theft count in September 2013, and prosecutors dropped the assault charge in April, according to online court records.

Lemon’s civil lawsuit settled last month on the eve of trial.

The case is Albert Lemon v. Baltimore City Police Department, et al., 24C13004868.

Bradley was terminated from the police department in May following a disciplinary hearing stemming from his actions during a March 2012 traffic stop, according to court records. Bradley has sought judicial review of his firing and a hearing is scheduled for April, according to online court records.

On Friday, another lawsuit was filed against Bradley by an Upton man who alleged he needed three staples in his head after being assaulted by the officer three days prior to the Lemon incident.

Bobby Harry claims Bradley came to his house after Harry reported his ex-girlfriend had showed up unexpectedly and began to kick down the back door. When the woman resisted arrest, Bradley subdued her by “hitting her in the face and choking her,” according to the complaint.

Harry voiced his concern when the woman was being choked unconscious but did not try to physically intervene, the lawsuit states. But Bradley proceeded to hit Harry in the face and head and then choked him on the ground, the lawsuit states.

Harry was charged with two counts of resisting arrest and one count of obstruction, according to online court records. Prosecutors dropped the charges in October 2012.

Harry’s lawsuit seeks compensatory and punitive damages.

The case is Bobby Harry v. Officer Haywood Bradley, 24c15000652.