"This is a record-breaking settlement for a civil-rights case in Colorado not involving wrongful death," according to an announcement from Sarah Schielke of Loveland's The Life & Liberty Law Office, who represents Clark and his family.
Not that Clark escaped from the episode unscathed. Schielke notes that he "suffered a stroke, subdural hemorrhage, permanent cognitive impairments and the loss of nearly all independence as a result of Idaho Springs Police’s gruesome attack and mistreatment. He will never again be able to drive a car, cook himself a meal or even take a walk down the street with his grandchildren. He is wheelchair-bound and now forever dependent on his family and doctors to survive."
In addition to the Idaho Springs Police Department, the lawsuit, filed in July 2021, named officers Nicholas Hanning and Ellie Summers, as well as Corporal Richard Sonnenberg, their supervisor. Hanning was fired by the ISPD after being accused of felony assault in connection with the case, but in January, he accepted a plea bargain that reduced the charge to a misdemeanor and received a probationary sentence rather than jailtime, much to the displeasure of Schielke and her clients. Summers resigned from the department last November.
The original releases issued by the Idaho Springs Police Department and the 5th Judicial District DA's Office about the May 2021 tasing incident mentioned a physical altercation between Clark and Hanning — phrasing that struck Schielke as incorrectly implying that the officer had been attacked and acted in self-defense. In contrast, an update issued by the 5th Judicial District on July 13 stressed that Clark complied with a command to put down a "sword-like object" — a souvenir from Hawaii — that he had been holding when he answered the door and then was given contradictory orders by the officers before he was tased.
The arrest affidavit for Hanning offers more details. He and Summers, dispatched after a neighbor falsely claimed that Clark had attacked her, hollered seemingly conflicting commands; Hanning told Clark, clad only in his underwear, to step out of the apartment, while Summers demanded that he get on the floor. During this confusing flurry of orders, Hanning fired his taser. Clark was struck in "the abdomen and pelvic area," the affidavit states, causing him to fall back into a chair before striking the floor. Hanning then yanked on Clark's arm, pulling his face into a shelving unit in the process. The officer later told a paramedic that Clark had sustained "a kick to the knee and a cut on his head."
Here's a video assembled by Schielke from body-worn-camera footage:
As he was being treated, Clark asked what was happening and stressed that he'd done nothing wrong. Hanning replied: "You punched that girl, then you answered the door with a freaking machete, man."
According to the affidavit, Clark responded that Hanning's claim was "absolutely false.... I did not come after nobody.... I was just in bed... I attacked nobody." He subsequently spiraled into a series of health crises from which Schielke says he will never fully recover.
At 11 a.m. today, November 2, Schielke and members of the Clark family will hold a press conference outside the Clear Creek County Courthouse in Georgetown to elaborate on the settlement. In the meantime, the City of Idaho Springs has released the following comment about the case.
The City of Idaho Springs and its insurance carrier have reached an agreement with Michael Clark to settle a federal lawsuit filed by Mr. Clark against the City and individual members of the Idaho Springs Police Department (ISPD) for the events of May 30, 2021. On that date, Mr. Clark was contacted at his apartment in Idaho Springs by ISPD officers in response to a call for service from a neighbor regarding an altercation. ISPD Officer Nicholas Hanning ultimately deployed a conducted energy weapon on Mr. Clark, causing him to fall and strike his head. Mr. Clark filed suit alleging numerous injuries arising from the incident. Officer Hanning was placed on leave after the incident and was terminated from the ISPD following the internal review process. The other ISPD officer involved in the incident was also disciplined and is no longer employed by the City.Click to read the Nicholas Hanning arrest affidavit.
The settlement amount of seven million dollars ($7,000,000) fully satisfies all claims against the City and will be paid by the City’s insurance carrier. All claims against the individual members of ISPD were dismissed. The agreement does not represent an admission of liability from the City for the wide range of claims asserted. Rather, the agreement represents a settlement of disputed claims entered into by the City for economic reasons and to bring closure to all involved. The City hopes that the settlement can bring some peace of mind to Mr. Clark and his family, and that the monies paid toward settlement will be available to cover any and all medical needs Mr. Clark may have moving forward.
The City and ISPD Chief Nate Buseck acknowledge the poor judgment that led to the use of a conducted energy weapon on Mr. Clark. As Chief Buseck stated in the Press Release issued by the ISPD on July 16, 2021: "The actions of former Officer Hanning are not reflective of the culture of our organization. ISPD is an agency that takes great pride in how we interact with our citizens and this incident was not acceptable."
Additionally, Mayor Chuck Harmon said, "We hope that settlement of this matter can provide closure to the many people involved. City leadership remains committed to the constant self-evaluation and betterment of the ISPD in all ways. We remain proud of the men and women who continue to serve this community."
With this settlement, the City will have no further comment on this incident or the related litigation.
