$100 million lawsuit filed against police officers in case of Randy Cox, paralyzed in police van

Lawyers for Richard “Randy” Cox on Tuesday filed a $100 million lawsuit in U.S. District Court against the city of New Haven and five police officers involved in transporting him in a police van and putting him in the department lockup on June 19.

At the end of a press conference in front of City Hall, attorney Ben Crump addressed Mayor Justin Elicker and Police Chief Karl Erickson, who were standing nearby. “The people gave you the power. The people entrusted you with that power. Don’t betray that trust,” he said.

At a later press conference, Elicker said, “We are all committed to doing the right thing. We’re committed to doing that.” He said most lawsuits “result in a settlement. That is on the table and we’re willing to explore that.”

Cox was paralyzed from the neck down June 19 after he was arrested at a block party on Lilac Street in the Newhallville section on New Haven, handcuffed and put into a police transport van.

He was charged with criminal possession of a weapon and other charges.

During the ride to 1 Union Ave., Officer Oscar Diaz suddenly braked and Cox slid off the bench and slammed his head against the front of the compartment.

Since Cox was injured, officials have promised to make accountability and transparency changes. The New Haven Police Department has announced plans for sweeping reforms to its policies surrounding transportation and medical care for prisoners. Among other measures, the reforms include new rules that prisoners have seatbelts on and be transported in marked police cruisers rather than vans.

Throughout the press conference, Crump said it should have been unnecessary for Cox to file a lawsuit. He said the city should take responsibility for what happened to him when his head hit the wall of the van following a sudden stop while he was being transported unrestrained.

“If we say, we respect Randy Cox’s life and respect Randy Cox’s life experiences … then we have to show that by action, not just by rhetoric, not just say we care about Black lives, but we have an actual duty in New Haven and throughout America to actually show that we believe Black lives matter.”

He said the city should settle the suit and not “put this family through any more than you’re already putting them through.”

“And so after talking with the family last night, saying, Do we have to file the lawsuit? Is the city going to step up to the table and do the right thing? Are they going to actually put us through the trial? … Well, right now, the jury’s still out.”

Crump said to give Cox “a basic quality of life” would cost $20 million to $30 million, including retrofitting a van and 24-hour care. “The family’s resolute. They’re ready to go all the way,” he said.

Cox has returned to the hospital more than once since he was released, including Tuesday for treatment of bedsores, Crump said. “The doctors say this is going to be a regular thing for years,” he said.

Cox’s sister, LaToya Boomer, said, “There is no amount of money that can replace your bodily functions, ability to move.” Cox needs help to eat, use the bathroom and even to scratch an itch.

“We will get justice,” Boomer said.

Crump said that Cox suffers “mental anguish that is probably worse than death itself.”

Doreen Coleman, Cox’s mother, said, “I want everyone to pray for my son” and “to pay attention and do what you have to do now. Responsibility is what you’re supposed to do.”

She said she was upset that she is unable to spend the night in the hospital with Cox.

Elicker said he and Police Chief Karl Jacobson met with Cox several weeks ago. “It was just awful what happened to Randy Cox and it was unacceptable and we are doing everything we can to be sure nothing like this ever happens again in this city.”

State police are conducting an investigation and will turn over its results to the state’s attorney, who will decide what action to take. Once the investigation ends, the city’s internal affairs probe will begin, Elicker said. That could end with disciplinary action, including potential firing, he said.

All five officers are on paid administrative leave.

Elicker said a number of actions have been taken, including de-escalation training for all officers. Two of the city’s three transport vans now have seat belts; the third is out of commission.

Elicker said he didn’t know the vans lacked seat belts until Cox was injured. Jacobson said they are not recommended by the Police Officer Standards and Training Council because vans are considered similar to school buses.

Jacobson said after a similar incident involving Freddie Gray in Baltimore in 2015, loops were installed so handcuffed prisoners could hold onto them behind their backs. One of the vans did have seat belts, however.

In the lawsuit, Officer Oscar Diaz, who drove the van, is solely accused of recklessness and failure to provide medical assistance.

Diaz, Sgt. Betsy Segui, who was riding in the van, as well as Officers Ronald Pressley, Jocelyn Lavandier and Luis Rivera, who worked in the detention area, are accused in the suit of alleged excessive force, denial of medical treatment, violating Cox’s constitutional rights, intentional infliction of emotional distress, assault, battery and negligence.

The suit claims the city is liable for Diaz’s actions and alleged recklessness and negligence.

Ed Stannard can be reached at estannard@courant.com