Sacramento agrees to pay nearly $500,000 to settle lawsuit over Fab 40s Stephon Clark protest

Sacramento officials have reached a tentative deal to pay out more than $500,000 to settle a class-action lawsuit filed on behalf of 84 people who were arrested during a march in the city’s Fab 40s neighborhood last year as they protested the decision not to prosecute the police officers who shot Stephon Clark to death, the plaintiffs’ lawyer says.

Sacramento civil rights attorney Mark Merin said Tuesday that the agreement, which still must be approved by a judge, calls for most of the plaintiffs to receive payments from the city of $4,000 each, with four named plaintiffs in the case to receive payments of $7,000 apiece.

Sacramento County, which had deputies backing up city police during the protest and transported people who were arrested to a holding area at Cal Expo, will pay another $595 to each person, Merin said.

Another $50,000 will be set aside to provide for medical bills protesters incurred, and Merin’s fees will amount to 20 percent of the total.

Merin said the agreement does not include promises of reforms by the police, but added that he hoped the outcome would improve their response to future demonstrations.

“Theoretically, they learn through the experience, they learn from being sued,” he said.

The agreement came to light early Tuesday, when Merin and lawyers for the city filed a notice that a tentative settlement had been reached.

A judge still must approve the settlement, after which individuals affected by the agreement will be notified, a process that could take months.

If individuals opt out of the settlement to pursue their own cases, any money left over will be disbursed to non-profits selected by a committee made up of plaintiffs, Merin said.

Stephon Clark protest settlement ‘fair’

City Manager Howard Chan called the agreement “a fair resolution to a difficult situation.”

“The city remains committed to ensuring the safety and security of all of its residents and to protecting everyone’s right to free speech and peaceful assembly,” Chan said in an emailed statement.

The police department also issued a statement saying it “is dedicated to ensuring the safety of our community while upholding the constitutional rights of every individual.”

“In the wake of the March 4, 2019, protest we heard concerns from members of our community regarding the arrests that were made at the conclusion of the event,” the department said

Police changes included:

• expanding efforts to meet with community leaders and clergy before protests.

• clarifying orders used during protests to more clearly state “where and how participants may disperse before we announce that arrests will be made.”

• providing more training to employees handling demonstrations.

The settlement marks the latest step in the Stephon Clark saga, which roiled the city with protests after the unarmed black man was shot to death by police on March 18, 2018.

Clark, 22, was killed that night after running from police investigating reports of a car burglar in the Meadowview area. He was shot after running into his grandparents’ backyard. Police subsequently said officers believed he had a gun; investigators later found he was carrying only a cell phone.

Protesters erupted in marches and sit-ins that lasted for a year, shutting down traffic downtown, halting access to two Sacramento Kings games and shutting down the Arden Fair Mall. The city ultimately agreed to pay $2.4 million to Clark’s two young sons to partially settle a wrongful death lawsuit.

East Sacramento protest after DA’s decision

After Sacramento District Attorney Anne Marie Schubert announced last year that she would not file criminal charges against the officers who shot Clark, protest leaders focused on the affluent East Sacramento Fab 40s neighborhood, gathering on March 4, 2019, for a loud but peaceful demonstration that began at the Trader Joe’s on Folsom Boulevard and eventually wound through the neighborhoods that night.

After hours of marching, police ordered the protesters to disperse, saying cars in the neighborhoods had been keyed and declaring the group to be an unlawful assembly.

As many demonstrators tried to return to their cars, police herded them onto an overpass over Highway 50 and blocked them off, detaining dozens of people with plastic handcuffs, including college students, members of the clergy and three reporters.

Most who were detained were later transported to Cal Expo and released. Schubert’s office declined to press charges against any of them.

One protester said she suffered a broken foot when a bicycle officer rammed his bike into her, then was held in jail for hours without medical attention. She filed a separate lawsuit in federal court last week.