Wheelchair user, Lafayette settle out of court

City officials settled a lawsuit out of court last week with 26-year-old Nicholas Kincade, who was knocked from his motorized wheelchair by a Lafayette police officer nearly 18 months ago.

Denise Page, a mediator who met with both parties, submitted a letter last Wednesday to a federal judge, reporting that the dispute had been resolved.

The judge responded by vacating all upcoming hearings and deadlines in the case and ordering Kincade to file additional paperwork within 30 days acknowledging his consent to dismiss the complaint voluntarily.

Kincade, who filed suit last July, accused Lafayette police of violating his First and Fourth Amendment rights, plus the Americans with Disabilities Act.

The complaint stemmed from a confrontation Oct. 1, 2013, when then-Lt. Tom Davidson knocked Kincade out of his chair into the street.

Although the entire Lafayette police command staff recommended that Davidson be fired, the department's Civil Service Commission opted instead for demotion, suspension and probation.

The commission was unanimous in finding that Davidson had engaged in conduct unbecoming an officer, but their determination that Davidson hadn't used excessive force came with a 3-2 vote.