Troy

The city has agreed to pay a former Troy Record photographer $30,000 to settle a freedom of speech and the press civil rights case pending in U.S. District Court in Albany, according to documents filed with the City Council's Finance Committee.

Jeff Couch filed the lawsuit Feb. 21, 2014 claiming that his First Amendment rights were violated when he was arrested while taking pictures of the execution of a search warrant by Colonie police on Oct. 31, 2011 at 575 Congress St.

The City Council Finance Committee will take the settlement up at its meeting Thursday. If approved, the council would take a final vote at its June meeting.

Corporation Counsel Ian Silverman declined Friday to comment on the settlement, which is detailed in the committee meeting agenda.

The lawsuit resulted from Officer Jason Valente's actions when he told Couch to stop photographing at the Congress Street scene. Couch identified himself as a photographer for the Troy newspaper and continued to take pictures.

The search warrant was part of the investigation into Chad Brothers, 32, who died in what police called a violent and bizarre confrontation with officers at Gold's Gym in Latham. Brothers was shocked with a Taser stun gun at the gym.

Valente then arrested Couch for jaywalking, handcuffed him and took him to the police station after two other police officers refused to do so, according to the lawsuit filed on Couch's behalf by attorney Elmer Robert Keach III.

The lawsuit claimed the city and Valente violated Couch's freedom of speech and freedom of the press, and alleged false arrest, malicious prosecution and excess use of force. The city also was accused of failing to properly train its police officers.

The Rensselaer County District Attorney's Office dropped the jaywalking charge against Couch.

Valente was suspended in early 2014 for 10 days without pay following an Internal Affairs investigation into the jaywalking ticket he issued in October 2011 to Couch, according to police and City Hall sources.

kcrowe@timesunion.com • 518-454-5084 • @KennethCrowe