The family at the center of a rough-arrest case may never see their day in civil court. The Omaha City Council approved a $90,000 settlement payment for Octavius Johnson, his mother, Sharee, and their family.
Omaha police officers arrested Octavius Johnson in March 2013 over a parking issue. Cell phone video shot by a neighbor surfaced showing the officers slam Johnson to the ground. They also stormed the family’s home. OPD disciplined and fired several officers following the incident.
The Johnson family sued the city to recover medical expenses from the trauma and chronic injuries. As the suit moved into mediation, the family said they preferred a trial over money.
“This was a slap in our faces, as well as to other people who went through the same kind of ordeal,” says Sharee Johnson after the unanimous city council vote.
In April, the family met with a federal judge in confidential mediation. They said they agreed to the settlement terms, but did not think they were final. Sharee Johnson said she expected to sign a formal agreement.
Two weeks ago the family stood before Omaha City Council members, telling the council they did not want the payment. Octavius Johnson claimed he was coerced into the agreement.
The council delayed the vote by two weeks after the family raised those objections in a public hearing. They passed the settlement Tuesday with no discussion.
“When we looked for some help it didn't come. So, it’s back to square one. Help ourselves,” Octavius Johnson said.
“If we had not settled, I couldn't guarantee my clients a trial,” said Omaha attorney Diana Vogt, who represented the Johnson family.
Vogt previously said she was in a difficult ethical position because she believed the mediation decision was binding. She also did not say if she would continue to represent the Johnson family if they declined the settlement.
“I would anticipate the city would file a motion to enforce the settlement,” said Vogt.
