MOUNT VERNON — For the third time since 2001, city officials have used taxpayer money to settle a civil suit against Mount Vernon Police Officer Cpl. Mark A. Perkins.
The city of Mount Vernon recently paid over $19,000 to settle a third federal lawsuit against Perkins, according to public records. In each case, Perkins was accused of violating the civil rights of someone he arrested. A fourth civil rights case is still pending against Perkins and the city is scheduled to attend a settlement conference this week.
Lawsuits against Perkins and the city have cost local taxpayers $49,148.39. This figure does not include any money paid out by the city’s insurance company to cover settlements. According to Knox County Auditor Terry Scott, Mount Vernon pays $5,192 per year in Law Enforcement Errors and Omissions insurance. The city has a $25,000 deductible on its policy.
The most recent case against Perkins was filed by Morgan E. Giles, currently 23, Mount Vernon, who claimed that Perkins not only violated his civil rights but also asserted claims of false imprisonment, false arrest and malicious prosecution. Responding to a News public records request, City Law Director William Smith said the city paid Giles $15,000 to settle the case. Scott said that since the city was also forced to pay Giles’ attorney’s fees, the total bill to local taxpayers reached $19,486.08.
According to court records, Giles, 21 at the time, was arrested by Perkins in November 2005 at 2:30 a.m. after leaving a High Street bar on foot. Giles was subsequently arrested and charged with persistent disorderly conduct and resisting arrest. Both charges were dismissed in Municipal Court.
Perkins and the city were first sued for alleged civil rights violations in July 2000. According to Smith, the city’s insurance carrier settled the federal lawsuit for $3,000. The News was unable to obtain court records regarding the specifics of the case.
In 2004, Thomas J. Burr filed two separate federal lawsuits against the city; Perkins was listed as a defendant in one of them. According to Smith, Burr and his co-defendant were awarded $42,000 in a settlement. Scott said that so far, the city has paid $27,490.91 of its own money; insurance covered the remaining balance.
In the Burr case, Perkins and Officer Travis Tharp were accused of slamming Burr face-first onto a cement sidewalk, slamming him into the hood of a police cruiser and falsely imprisoning him, “maliciously, wantonly, recklessly and in bad faith.” Burr claimed he was “placed in fear of death as a result of the air being forced from his lungs atop the car, and while choking on his own blood.”
At the time, Burr was charged with obstructing official business and resisting arrest. He was acquitted by a jury in June 2004.
A fourth federal case against Perkins and the city is still pending. Richard L. Franklin, 62, Newark, was arrested by Perkins while on his way to work in the early morning hours of Sept. 2, 2005. According to court records, Perkins said he smelled alcohol on Franklin’s breath. Franklin was arrested, taken to jail and charged with driving under the influence of alcohol, driving under suspension, tailgating, and driving left of center. Five months later, city prosecutors dismissed all the charges.
Franklin’s lawyer claims that Perkins violated the fourth and 14th amendments to the U.S. Constitution, including the right to be free from arrests and prosecutions without probable cause.
Franklin further claims that the acts of Perkins “were further proximately caused by certain customs or policies of the city of Mount Vernon, and its police department, including but not limited to a policy of inadequate training, supervising, and disciplining police officers; and the ratification of actions by police officers which violate the constitutional rights of citizens.”
According to Scott, the city has spent $2,171.40 so far defending the case; a final settlement has yet to be reached. Attorneys for both sides are scheduled to appear in federal court Feb. 21 for a settlement conference. Scott said there could be additional fees pending.
Mount Vernon Chief of Police Mike Merrilees, in a statement issued to the News, said the civil actions against Perkins came about from alleged actions that happened before Merrilees was appointed police chief. As police captain at the time of Giles’ lawsuit, Merrilees said he recommended to then Chief of Police Tom Bartlett that “discipline be considered for Perkins.” Merrilees declined to comment on the Franklin case as it is still pending.
“As chief of police,” said Merrilees in his statement, “I take all allegations of misconduct very seriously. Any accusations brought to my attention will be investigated fully and appropriate action will be taken when necessary. Any complaints involving my officers should be directed to the administration at 393-9530 or at 5 N. Gay St.”
Perkins has been employed at the MVPD since 1998 and currently works the day shift.
