UPDATE: St. Paul officer who kicked man should get job back, arbitrator rules

The St. Paul City Council approved a $2 million settlement Wednesday to a 53-year-old man who was hospitalized for two weeks after he was bit by a police dog and kicked by an officer.

The settlement is the largest that the city has agreed to and more than wipes out its budget for legal settlements for the year; St. Paul is self-insured. The city’s finance director says they’ll cover the rest using the general fund.

What happened to Frank Arnal Baker last summer led to the police chief apologizing to him, officers being disciplined, and more training for patrol and K-9 officers.

St. Paul’s budget for legal settlements is $719,500 each year. The amount is determined “through the analysis of historical payouts, litigation trends and pending cases,” said Todd Hurley, St. Paul finance director. There is enough in the city’s general fund to cover the difference.

His office “will spend the next several months monitoring spending and revenues and depending on those results may recommend a budget amendment during the fourth quarter,” Hurley said.

No city programs or projects would be affected by the settlement, Hurley said in response to questions from council members about the impact to the general fund.

“I think, for me, what’s frustrating is that we can’t find $30,000 to do youth workforce development on the East Side and Frogtown. But when we need this sort of money, $2 million, we’re able to get it,” said city council member Dai Thao. “… We need to think about how we prioritize our work.”

Of the $2 million, half of will go into a structured settlement annuity that will pay Baker about $4,500 a month for his lifetime. The other $1 million will be used to pay Baker’s insurers who covered his medical expenses, attorney fees (one-third of the total settlement), legal costs and for a lump-sum payment to Baker, according to Bob Bennett, Baker’s attorney.

BEGINS WITH ANONYMOUS CALL

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Baker, who was returning to his apartment in the area, fit the general description but was unarmed and turned out not to be the suspect.

A police K-9 held Baker’s leg for 70 seconds, and officer Brett Palkowitsch kicked him because, he wrote in a report, he believed Baker was armed and wasn’t complying with officers’ orders.

Baker sustained fractured ribs and collapsed lungs, and needed skin grafts for the dog-bite injuries.

Bennett tried to reach a settlement with the city before filing a federal lawsuit in February, which sought $5 million, but they did not come to an agreement. Bennett said a federal mediator had recommended $2.25 million.

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The police department gave brief refresher-training to all patrol officers about use-of-force practices, including when kicking is permitted, and working with K-9 officers, said Steve Linders, a St. Paul police spokesman. K-9 officers went through additional training about apprehension tactics and coordinating with assisting officers, Linders said.

Additionally, the police department had all officers attend a day-long training about “response to resistance and aggression” and they are going through a second round now, Linders said. He added that it was not because Baker “was being aggressive in any way, shape or form,” but that the training was a reminder for officers about policies and procedures.

The previous largest settlements in lawsuits alleging police misconduct in St. Paul were $400,000. The biggest settlement of any kind was $1 million, which came after two children were killed and another was injured in Lilydale Regional Park in 2013.

The city has budgeted $719,500 each year for legal settlements since 2012, and exceeded that amount in three of the past five years.

St. Paul paid out nearly $1.4 million in 2012, $600,000 in 2013, about $1.9 million in 2014, $630,000 in 2015 and $830,000 last year, according to Hurley.