Jury awards man $30,000 for excessive force, wrongful arrest complaint against CRPD officers

CEDAR RAPIDS - A federal jury found partially in favor of a man who sued two Cedar Rapids police officers for wrongful arrest and excessive force and awarded him $30,000 in compensatory damages.

Following a four-day civil trial in U.S. District Court last week, the jury found in favor of Patrick James Sr., 45, on his claims against Cedar Rapids Police Officer Bruce Payne. Jurors awarded compensatory damages of $22,500 to James for wrongful arrest and $7,500 for excessive force.

The jury found in favor for the other officer, Grant Rasmussen, who testified he didn't put 'hands on” James during his arrest.

Dave O'Brien, James' lawyer, said Monday the most important part of the verdict is that the Fourth Amendment was upheld, which protects individuals from use of excessive force in wrongful arrests.

Greg Buelow, Cedar Rapids public safety spokesman, declined to comment after verdict, saying it's against the city's policy to comment on pending litigation.

James Sr. testified Rasmussen and Payne came to his home on Jan. 29, 2014, to arrest his son, Patrick James Jr., 20, on a warrant but mistook the gray-haired, 45-year-old for his 20-year-old son and started arresting him. According to testimony, officers only asked his daughter for Patrick James and then asked her father to come downstairs.

The officers admitted having warrant information, which had a description and photo of Patrick James Jr.

Payne said he thoroughly reviewed the information on the warrant, but O'Brien pointed out that in Payne's deposition he admitted twice to not reviewing it.

James testified the officers only asked if he was Patrick James, and when he replied yes, they told him he was under arrest. He said Payne 'forcefully” grabbed his arms, twisting one arm as he placed him in handcuffs.

James told the jury he had a torn rotator cuff injury with two repair surgeries as a result of the incident. He said it a painful injury. James had health issues before the arrest due to a stroke in 2011, but after the arrest had had additional limitations, including not being unable to put on socks or a belt and generally needed help from his wife to get dressed in the morning.

James told jurors he was troubled by the officers' action because he grew up having so much respect for the police.

'As Mr. James Sr. told the jury, ‘My Daddy was a cop,'” O'Brien said.

During the trial, both officers said neither of James' hands were in cuffs. Payne had just started the process of twisting his arm behind his back when they found out the elder James wasn't the suspect they came to arrest, O'Brien said. But Rasmussen's notes, or memo of arrest, said the right hand was in cuffs.

Rasmussen testified he didn't place his hands on James, and Payne said he only used a 'guiding touch,” nothing forceful, to place James' arm behind his back.

O'Brien said he couldn't explain the damages awarded because paid medical expenses for James have been $22,021, with $2,497 remaining to be paid. The jury awarded $22,500 on the wrongful arrest claim but it would be the excessive force that caused the medical expenses, which they awarded $7,500 for that claim, O'Brien said.