Federal complaint alleges violation of civil rights both in the March 18, 2006 death and in Police Department and City efforts to “falsely portray” the victim as the aggressor.
On behalf of Anne Zehm and the Estate of Otto Zehm, the Center for Justice today has filed a federal civil rights lawsuit against the City of Spokane, its Assistant Chief of Police, Jim Nicks, Officer Karl Thompson and six other police officers.
The suit is filed in U.S. District Court for the Eastern District of Washington and contains two 
components. The first is the allegation that Officer Thompson and other police officers violated Otto Zehm’s civil rights by, (1) using deadly force upon him when he was only passively resisting an effort to handcuff him, and (2) that deadly force and excessive force was repeatedly used against Mr. Zehm in violation of both his civil rights and the Spokane Police Department’s use of force policy. The Spokane County Medical Examiner concluded that the use of force against Mr. Zehm by the officers caused his death.
The second component of the suit charges that the Spokane Police Department, led by then Acting-chief Nicks, engaged in concerted actions after Mr. Zehm’s death that violated Otto’s and his mother’s civil rights both by invading Otto’s privacy and falsely portraying him as the initiator of the March 18, 2006 melee inside a north Spokane convenience store. The complaint alleges that this conduct was purposeful and that its purpose has been to impede and frustrate the rights of Anne Zehm and the Zehm Estate to bring an action, like this one, to be compensated for the violation of rights caused by the unwarranted deadly force and unreasonable seizure inflicted upon Mr. Zehm before he died.
Further, the suit alleges that subsequent to Mr. Zehm’s tragic death at the hands of the police, top Department and other top City officials have “ratified” the misconduct of Assistant Chief Nicks and the other police officers. The significance of this allegation is that if the court concurs that “ratification” occurred, it makes the City responsible and liable for the actions of the individual police officers. Police Chief Anne Kirkpatrick has consistently expressed her confidence in Nicks and in a recent Spokesman-Review story, was quoted as saying that officer Thompson, “has my unequivocal support.” Spokane Mayor Mary Verner, in the same March 1st article, also was quoted as expressing her support for Thompson and saying she had “determined” that the officer acted within the law in subduing Otto Zehm.
“This is a day we’ve been very much hoping to avoid,” said Center for Justice Chief Catalyst Breean Beggs. “Otto Zehm’s tragic death is a community touchstone because of who Otto was and because of what the evidence so clearly shows about the manner in which Spokane Police officers approached and subdued him. At no point since this tragedy occurred has the Police Department or top city officials conceded that improper police conduct was in any way a factor in Otto’s death. 
What’s worse, is that police spokespersons have knowingly tried to put the blame on Otto Zehm and dispute all evidence showing that violations of their own procedures are what turned what should have been an every-day interrogation into a homicide.”
“We have tried our best to resolve this case by getting the Police Department and city officials to acknowledge the mistakes that were made in this case, fairly compensate the family for Otto’s loss, and enact reasonable reforms for improved training and police oversight,” Beggs added. “Regrettably, the City isn’t there yet. For two and a half years it has basically asked us, the media, and the community to disbelieve what the surveillance videos plainly show. Unfortunately, the family believes it has no other option but to prosecute this lawsuit in the hope that by prevailing we can prevent future such deaths.”
The complaint recounts the events of March 18, 2006 leading up to Otto’s death. It describes a 911 call made by one of two young women who complained about a man’s suspicious conduct at a bank ATM machine and how numerous mistakes had already been made before Otto Zehm entered a Zip Trip store at 6:20 that evening. Moments later, Office Thompson entered the store, without backup, and according to the complaint, initiated “a pre-emptive physical attack” with his police baton, knocking Otto to the ground. Witnesses and the medical examiners report support the contention that Otto was struck in the head by the baton, a use of force that is unjustified unless circumstances warrant use of deadly force. Tasers were also used, both by Officer Thompson and the second officer that arrived on the scene.
“Contrary to policy,” the complaint alleges, “Zehm was positioned onto his stomach for the next 13 to 16 minutes during which he ceased to struggle. Videos taken from the store’s surveillance cameras show that Zehm’s feet, though strapped loosely to his wrists, were periodically physically pinned back.”
The complaint also notes that an oxygen mask, unconnected to oxygen, was secured over Otto’s mouth and nose, increasing his risk of suffocation.
In the portion of the complaint that addresses the “ratification” by city officials of the alleged misconduct, the filing recounts how on “multiple occasions” police spokespersons falsely alleged that Otto Zehm “lunged” at Office Thompson when, in fact, the surveillance video tape in police possession “shows Zehm never moved toward Officer Thompson” and that he acted in what was “plainly a retreat from the onrushing, baton-brandishing officer.”
–CFJ
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