M
embers of the Dunbar city council on Tuesday agreed to a $100,000 settlement in a federal police brutality case filed against the city and two Dunbar police officers in May 2024. The case stems from a 2022 incident.
In the lawsuit, Rickey Baire, 38, of Dunbar, alleged that Dunbar Police officers Zachary Winters and Adam Mason used excessive force during a June 2022 arrest. The City of Dunbar was also named a defendant in the case.
At least three other federal complaints have been filed against the city and its officers in the past few years.
Dunbar council members held an hour-long executive session during Tuesday’s gathering. After returning from the closed-door meeting, councilwoman Sierra Sovine made a motion to add the settlement vote as an emergency item on the evening’s agenda. Her motion was seconded by councilman Eric Coleman.
Members voted unanimously to accept the settlement after it was added to the agenda.
“It’s a bitter pill to swallow,” city attorney Steve Swisher said Tuesday. He acknowled that settling the case had less legal implications for the municipality in a situation that he called a “double-edged sword.”
“Anything over $100,000 is a liability to the city,” Swisher said. “If we didn’t consent [to the settlement] and they got, say, a $500,000 judgment, the city would be [responsible] for the $400,000.”
“The settlement is a much less sharp edge than risks the city having to come up with $500,000 or $1 million,” he emphasized.
Officials said Baire’s attorney has agreed to the compromise.
Before council’s vote, Swisher said he did not feel the facts of the case merit the amount of the deal.
“We believe it’s nowhere near that [$100,000 in damages] based on the injury,” Swisher said. “However, the officer’s testimony makes it problematic.”
Although council members agreed to the $100,000 settlement, only $50,000 of city money will be spent on the insurance deductible, officials said.
Deputy Chief position approved
Also on Tuesday, Dunbar council members OK’d a new deputy chief position for the city’s police department. The panelists approved the ordinance unanimously on second reading.
The new position comes at the urging of Dunbar Police Chief John Garten, who took the force’s helm in October 2024.
Mayor Scott Elliott said that while the new police position was approved, it would not be available until February.
“It will not take effect for 10 days,” Elliot said.
The mayor said that a new deputy chief would be sworn in during the council’s next regularly scheduled meeting on Monday, Feb. 3.
While he did not name the candidate during Tuesday’s meeting, Garten said that the individual had “worked for me in the past.”
“They have the leadership knowledge and experience that’s needed for this position,” Garten told council members.
