Irlbeck Settles Case for $365,000 Against City of Minneapolis

Minneapolis to pay $365,000 for police shooting man in the head with rubber bullet during George Floyd protests

Abdi Adam, then 56, said he was waiting for a bus and had nothing to do with protests outside the Third Precinct the day before it was set ablaze by a mob. 

By Dave Orrick Star Tribune

June 27, 2024 — 6:10pm

David Joles

A police officer fires a rubber bullet from atop the Minneapolis Police Third Precinct station during unrest following the May 2020 murder of George Floyd by a Minneapolis police officer.

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Minneapolis will pay $365,000 to a man who was struck in the head by a rubber bullet fired by police during the unrest following George Floyd's murder more than four years ago.

Abdi Adam, then 56, said he was waiting for a bus and had nothing to do with protests outside the Third Precinct police station the day before it was overrun and set ablaze by a mob on May 28, 2020.

The payment settles a lawsuit Adam filed last year and was approved 8-0 by the City Council on Thursday afternoon after a closed-door meeting with attorneys. Council members made no public statements before the vote.

It's the latest in a string of payments totaling millions of dollars that the city has made to people, including journalists and bystanders, who were injured by police during the protests and riots in actions that have since been described as a pattern of unconstitutional behavior by the U.S. Department of Justice.

According Adam's lawsuit, peaceful protests were taking place outside the south Minneapolis police station at dusk four days after Floyd was murdered by police officer Derek Chauvin. Police had given no order to disperse as Adam, a math tutor who had fled Somalia as a refugee around 1994, was "peacefully waiting for the bus."

Without warning, a police officer fired a 40-millimeter rubber projectile from the roof of the station, striking Adam in the forehead. A photograph accompanying the lawsuit shows protesters helping Adam, who is holding a bandage to his head and face, en route to a hospital.

The identity of the officer who fired the projectile hasn't been made public, according to the court file. According to Adam's complaint, which refers to officers as John Does, no reports were made by officers, and no police came to Adam's aid.

But Adam's attorney said his team determined who the officer was.

"We know who they are, but we settled before we added them to an amended complaint," attorney Paul Applebaum said in an interview Thursday.

Applebaum said his team spent hours poring over videos, including police body camera footage, as well as police audio, to "triangulate" the moment the shot was fired that struck Adam. "It took us a year," he said.

"There were no officers named in the lawsuit, and there is no public personnel data," Greta Bergstrom, a spokeswoman for the city, said Thursday when asked whether any officers involved had been or would be disciplined.

According to the lawsuit, Adam sustained a concussion and neurological injuries, among other trauma and medical bills. "A horrible indentation is still on the center of his forehead," Applebaum said.

Among other payments Minneapolis has made over excessive force claims:

  • $2.4 million to Soren Stevenson, who lost his eye after he was struck by a 40mm projectile while standing with other protesters on a closed ramp near Interstate 35W.

  • $1.5 million to Jaleel Stallings, who was struck by a rubber bullet fired from an unmarked police van during the unrest. When Stallings fired back, not realizing the vehicle's occupants were police officers, he was beaten despite his immediate surrender.

  • $1.8 million to two women who said police shot them in the face with projectiles while they peacefully protested.

  • $600,000 to freelance journalist Linda Tirado, who was blinded in one eye by a police projectile while covering protests of Floyd's killing. She's now in hospice.

  • $500,000 to Jaime Bunkholt, a photographer from Atlanta, who alleged an officer fired a rubber bullet from the roof of the Third Precinct that hit her in the back of the head.

  • $57,900 to Graciela Cisneros, who suffered an eye injury when a police officer fired a projectile at her as she and her partner were walking home after a demonstration.

  • $32,314 to Ericka Khounedaleth, who said police officers yanked her from her car at gunpoint and pushed her to the pavement.

Staff writer Kim Hyatt contributed to this report.

Dave Orrick covers Minneapolis city government for the Star Tribune. 

dave.orrick@startribune.com

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Irlbeck Settles Case with Minneapolis for $500,000

3 police misconduct settlements totaling $1M join list OK'd by Minneapolis City Council

$500,000 going to Atlanta photographer shot in the back of the head with a rubber bullet. 

By Paul Walsh Star Tribune

June 16, 2022 — 4:56pm

Courtney Pedroza, Star Tribune file, Star Tribune

Jennifer LeMay at home in 2017 with her dogs, Ciroc, right, and Rocko after they got back from the vet.

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The Minneapolis City Council on Thursday agreed to settle three police misconduct lawsuits, one of them stemming from an officer's actions during protests following George Floyd's killing two years ago.

The largest of these latest settlements was $500,000 for Jaime Bunkholt, a photographer from Atlanta, who alleged in her federal lawsuit that an unidentified Minneapolis police officer fired a rubber bullet from the roof of the besieged Third Precinct headquarters that hit her in the back of the head.

The civil rights lawsuit said that Bunkholt, who was 33 at the time, "sustained numerous neurological injuries, a concussion, pain and suffering, medical bills, other injuries both permanent and temporary, as well as lasting emotional trauma."

The suit further contended that the protests were nonviolent at this time, and she was breaking no laws by being outside the Third Precinct at the corner of E. Lake Street and Minnehaha Avenue, and was shot without warning before any curfews were announced.

"There can be no mistake that the attack on Ms. Bunkholt was intentional," the lawsuit read. "The design of the weapons makes accidental firing impossible."

Three weeks ago, in a similar set of circumstances, the council approved a $600,000 payout to freelance journalist Linda Tirado, who was blinded in one eye by a police projectile while covering protests after Floyd's death under the knee of fired officer Derek Chauvin in May 2020.

Video (02:38): In July 2017, body camera video captured dogs being shot by Mpls. police

Tirado's suit accused the city and police officials of conspiring to deprive journalists of their constitutional rights during the unrest.

Earlier in May, the council approved the payment of $1.5 million plus attorneys' fees to Jaleel Stallings. The 29-year-old St. Paul man sued the city and police, saying they violated his constitutional rights by using force to intimidate and deter him from protesting police brutality and racism.

Stallings sued after a jury acquitted him in 2021 of charges related to shooting at police officers during the unrest that followed Floyd's killing after the officers first fired projectiles without warning.

And in April, the council approved $1.8 million to two women who say police shot them in the face with projectiles as they protested Floyd's murder.

Also Thursday, the council signed off on a $390,000 payout to 41-year-old Matigida Kromah, of Brooklyn Park, whose personal injury lawsuit was filed in Hennepin County District Court over her detainment in August 2014.

The suit and its subsequent filings offer little detail about the specifics of her encounter with police other than she suffered injuries to her nervous system and elsewhere, with some of them being permanent and leading to continuing medical bills and loss of income.

Another $150,000 was approved Thursday to settle a lawsuit brought in federal court by Jennifer LeMay, who sued the city and four officers for their role in the shooting of her two service dogs in her north Minneapolis backyard on one summer night in 2017.

Officer Michael Mays and his partner, Daniel Ledman, were responding to a burglary report that night after someone at LeMay's home accidentally tripped the alarm. In police reports, Mays wrote that "two large size pit bulls charged at" him before he started shooting.

LeMay's attorney Mike Padden called that characterization a "baldfaced lie."

The suit alleged the officers acted irrationally, and Mays had no reason to see the dogs as an imminent threat. It also pointed out that police refused to pay the veterinary bills for the dogs' medical needs.

The LeMay family also named Xfinity in the suit, saying it failed to notify police that the alarm was tripped accidentally.

LeMay is also involved in another legal action that is pending, this one a lawsuit she filed in May 2021 that seeks damages from the estate of Daunte Wright.

She claims that Wright, who was killed by a Brooklyn Center police officer in April 2021, shot her teenage son in the head at a north Minneapolis gas station in 2019 and rendered him permanently disabled.

Star Tribune staff writer Liz Navratil contributed to this report.

Paul Walsh is a general assignment reporter at the Star Tribune. He wants your news tips, especially in and near Minnesota.

paul.walsh@startribune.com 612-673-4482

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