City, Randy Cox Lawyers Agree To Lawsuit Settlement Talks Mayor Says

NEW HAVEN, CT —Richard "Randy" Cox, the New Haven man paralyzed after being in a police transport, and then violently manhandled by five police officers, all as seen on video, sued the city and the cops for $100 million in September.

At the time, civil rights lawyer Ben Crump, with local attorneys R.J. Weber III and Louis M. Rubano, filed the action in U. S. District Court. The officers involved, paddy wagon driver Oscar Diaz, officer Ronald Pressley, Jocelyn Lavandier and Luis Rivera and police Sgt. Betsy Segui, are not only also being sued but all have been charged criminally.

Monday, Mayor Justin Elicker released a statement following the recent joint agreement by all parties to pursue early settlement discussions and for those discussions to be facilitated by a Magistrate Judge.

“I am pleased that Randy’s attorneys and the City have agreed to pursue early settlement discussions towards a fair and just resolution of this case," Elicker said. "I am also glad that we have jointly agreed to a clearly defined case management plan that outlines both immediate next steps and an overall timeline on all related aspects of this case."

Arrested on Juneteenth 2022, Cox was paralyzed in a paddy wagon: "Help me. I don't want to die like this."

A series of disturbing and graphic videos from police body-worn cameras, and other video footage, documenting what happened to Cox, led then-New Haven police Assistant Chief Karl Jacobson to say: “I’m not going to sugarcoat this. It looks disturbing. It is. There are things we should have done better. Mistakes were made.”

Arrested by cops on a weapons complaint, police said Cox had a gun on him and was carrying a liquor bottle when they arrested him without incident. Put in a police van to be taken to the detention center at police headquarters on Union Street, while on the way, the vehicle "stopped abruptly" to avoid a possible crash, police said. Cox suffered injuries to his head and spine, paralyzing him. The video depicts the point when Diaz applies the brakes, going more than 10 MPH over the limit, police said, and Cox goes flying, slamming into the van wall, is graphic and some may find it very disturbing. Diaz eventually stops the van and looks in on Cox, who said he cannot move, and then calls an ambulance to come to the detention center.

When the wagon arrives at the detention facility for Cox to be processed, he is lying limp in the vehicle, according to the video. Diaz had called for an ambulance, police said, but not to arrive at the scene of the near-crash, but rather at police headquarters, which is a several minutes drive away.

The officers waiting for the van in the sally port assemble to get Cox out of the van, the video shows. Diaz says he thinks Cox may be hurt. And Cox can be heard, softly asking for help.

"Help me. I don't want to die like this."

But according to the video, instead of helping, Segui barks orders at the man who is not moving. She shouts: "Sit up! You’re not even trying! Turn your body. Sit up, stretch out! Come on, or we’re gonna pull you out. You drank too much! Sit up!”

He cannot.

Soon, several officers drag Cox out of the van and try to hold him up, but he falls to the ground.
He’s then placed in a wheelchair and moved to be processed for the charges he faces. In the chair, he slides down to the floor and tells police: "I think my neck is broken."
No medical care is provided.

After being booked, he’s dragged to a cell by two officers and left on the ground with ankle cuffs placed on him, the video shows. Segui can be heard saying, "See? He's perfectly fine."

CAUTION: This video contains disturbing images.

Within a couple of weeks, Jacobson would be named the new police chief and he and Elicker and Chief Administrative Officer Regina Rush-Kittle, announced "reforms and new initiatives" slated for the embattled police department. The measures came as Connecticut State Police investigated the officers' actions and the Justice Department, via U.S. Attorney for Connecticut Vanessa Roberts Avery, announced it was keeping an eye on the probe.

Read about all the new NHPD 'initiatives and reforms' in response to Cox case here.

About settlement talks

According to a news release from Elicker, the "agreement reflects the City’s ongoing desire to reach an early, reasonable settlement with Randy, and to engage in good faith settlement discussions as soon as both parties have sufficient information for them to begin. It also provides for long-term contingency planning, that each side has agreed upon, should this case go to trial."

This agreement was formalized on Friday, December 2nd in a joint legal filing submitted by all parties, known as the Rule 26(f) report, which outlines an agreed upon case management plan that, in addition to an agreement to enter early settlement discussions, also includes an agreed upon discovery schedule and an agreed upon trial schedule set to begin by December 15, 2024, should a trial become necessary.

I am encouraged by this progress and am confident we all will continue to work in a collaborative manner to ensure that justice is ultimately served.”

Notably, the City of New Haven also joined with the plaintiffs in objecting to the request of the individual defendants that the discovery process for the civil case be stayed until the related criminal case against the individual defendants is resolved, reflecting the City’s desire for the civil case to move forward concurrently and in a timely manner.

The full Rule 26(f) Report can be found here and it is also attached.

Read more about the Richard "Randy" Cox case from Patch here >>

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