A federal lawsuit claiming police brutality and failure to accommodate under the Americans with Disabilities Act appears headed for settlement by the County Council.
The lawsuit, filed in 2018 by Rosalinda Larkin, the mother of a 25-year-old autistic man, charges Hawaii Police Department officer Derek Kenison Jr. with executing a leg sweep on Charles Edward Larkin, bringing him face-down on the sidewalk, cuffing his hands behind his back and sitting on him after she called 911 seeking an ambulance to take her anxious son to the hospital.
Rosalinda Larkin recounted in the complaint how she’d called 911 after her son, who seemed anxious and upset, left their home off Ainaloa Drive in Puna and started walking away, followed by his mother and behavioral support workers who were attempting to help Rosalinda Larkin get her son to the hospital.
A police car approached and Kenison got out of the car shouting, she said, then chased down her unarmed son, who had been standing on the sidewalk and hadn’t started running until the shouting began.
“As a direct and/or proximate result of the Defendants above described actions and/or omissions, Plaintiffs suffered severe mental and emotional distress and other injuries and were damaged in an amount to be shown at trial,” the complaint states.
The complaint states that Larkin, at 114 pounds and 5 feet, 7 inches tall, suffered severe injuries from his handling by Kenison, a much larger man. Photos included in the complaint show a cut on Larkin’s forehead, as well as a lacerated and swollen lip.
“(T)he County, HPD and Ferreira had received numerous complaints from third parties, including co-employees, concerning employee Kenison’s belligerent demeanor and attitude as an employee,” the complaint adds.
The county denied the allegations in court filings.
“If Plaintiffs sustained injuries or damages as alleged in the Complaint, such injuries and damages were the result of Plaintiffs’ own wrongful, intentional, reckless and/or malicious misconduct,” the county response stated. “The County Defendants exercised reasonable care in police practices and procedures and the force utilized was reasonable.”
The lawsuit originally included 11 claims for relief, including damages, punitive damages and legal costs. District Judge Jill A. Otake subsequently whittled it down to use of excessive force against Kenison and the ADA failure against the county.
The court met with the parties on Aug. 12, when settlement discussions were held, according to court minutes. A conditional settlement was reached, subject to County Council approval.
The council will take the issue up in executive session on Sept 7, at the request of county Corporation Counsel.
Trial has been set for Jan. 17.