City council settles $115,000 lawsuit against La Crosse, three police officers

A lawsuit settlement of $115,000 against three La Crosse Police officers was approved by the city council last week.

With one member abstaining, the city council unanimously approved the settlement to the plaintiff, Desmond Harris, against the city of La Crosse and officers Graham Eddy, Craig Teff and Sam Clason.

In back-to-back special meetings last week, the city’s Finance and Personnel Committee and the council approved the settlement without discussion.

Harris had been issued citations for reckless driving and disorderly conduct but they were not given to him at the scene.

After police failed to deliver them to Harris at home — Harris refused to answer the door, though could be seen through the window — Officer Eddy later pulled Harris over to give him the tickets, instead of mailing them.

During that stop, Eddy said he could smell marijuana in the car and told Harris to get out so he could search it.

Harris denied he had marijuana and refused to get out multiple times after being ordered to by Eddy and two other officers, Teff and Clason, who arrived on the scene.

After about 30 minutes, Harris did get out, as police threatened to break his window. A few minutes after that, Harris was tased to the ground, handcuffed with a knee to his back. He was then arrested, taken to jail and strip searched. No drugs were found during that search or in his vehicle.

All charges were dropped.

Harris contended his Fourth Amendment rights were violated in multiple ways and that delivering tickets by pulling people over instead of through the mail is unconstitutional.

In District Judge James Peterson’s opinion and order, he writes: “Harris isn’t blameless here: he obstinately refused Eddy’s lawful orders to get out of his car, and he physically resisted the officer’s efforts to arrest him. But his frustration is understandable. He wasn’t carrying any drugs, and the whole episode could have been avoided if the La Crosse Police Department had simply mailed the citations to him. As any police officer knows, every traffic stop creates a risk of harm for the officer and the driver. Defendants do not explain why they believe the benefits of the practice outweigh its costs, both in terms of safety risks and the diversion of resources from more important matters. The La Crosse Police Department should reconsider its unusual practice.”

Peterson notes after that, however, the question was over Harris’ Fourth Amendment rights being violated for having a knee to his back, being strip searched and possibly the use of a taser.

WIZM has reached out to both sides of the case for comment. This story will update after hearing from them.