Baltimore Board of Estimates Approves $6.4M Gray Settlement

The Board of Estimates unanimously approved a civil settlement with the family of Freddie Gray for $6.4 million that city officials said was in the best interest of Baltimore as a means of sidestepping lengthy litigation.

Gray died April 19 in police custody, and six officers will be tried separately for their alleged roles in connection with his death. The criminal trials that the state is prosecuting involving the officers are separate from the civil claims, which Gray’s family brought after his death.

“From the city’s perspective, the purpose of this civil settlement is to bring an important measure of closure to the family, to the community and to the city and to spare the police officers now facing six criminal trials the continuing ordeal of years and years of civil litigation after those criminal trials are over,” City Solicitor George Nilson said.

“It spares us all having the scab of April of this year picked over and over and over for five and six years to come. That ‘s something that would not be good for the city,” the attorney said.

Gray, 25, was arrested April 12 for possession of an illegal knife, according to a statement from the Board of Estimates, which said an injury during police transport resulted in his death.

Hours after Gray’s funeral on April 27, riots broke out and the National Guard had to be called in to help restore order.

“The settlement is substantial,” Nilson said of the $6.4 million agreement. “This is because of the totally unique circumstances surrounding and following the death of Mr. Gray.”

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Nilson described the $6.4 million settlement as “affordable” and said the money would come from “recoveries and savings from other civil litigation being handled by the law department which...has nothing to do with excess force or the police department’s on-the-street activities.”

Continued Nilson: “No public programs or projects will be affected in any way by the funding and the payment of the obligations set forth in the settlement agreement.”

The city will pay $2.8 million in the city’s fiscal year 2016 and $3.6 million in 2017.

Mayor Stephanie Rawlings-Blake added that ”more than sufficient funds” for the settlement were available from recoveries and cost savings in the legal department, and general funds were not going to be impacted.

“...this settlement is about fiscal calculation, legal risk and what’s best for the city of Baltimore,” the mayor said.

Settlement Not a Finding of Fact: Mayor

The mayor—who issued a statement Tuesday establishing the civil case was separate from the criminal proceedings—reiterated her position.

“The city’s decision to settle the civil claims related to Mr. Gray does not represent any judgment on the guilt or the innocence of the six police officers,” Rawlings-Blake said. “While the settlement arises out of the same set of circumstances, it is completely unrelated to the criminal cases facing the six officers.”

Rawlings-Blake said the settlement would help protect the city and citizens by avoiding what she called “divisiveness” and lengthy litigation.

“We can avoid years and years of protracted civil litigation and the potential harm to the community and the divisiveness which might result. We’ve seen the impact to the city from just one motions hearing. To talk about the potential cost of years and years of civil litigation, we can’t even quantify that cost,” she said.

“...we came to the conclusion that this settlement is in the best interest of protecting taxpayers,” Rawlings-Blake said.

“All of us realize that money cannot, will not, there’s no possibility to bring back a loved one, but I hope that this settlement will bring at least a measure of closure for the family, for the police department and for our city.”

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Explanation of the Settlement from the Baltimore Board of Estimates

On Sunday, April 12, 2015, Freddie Gray was arrested near the 1600 block of North Avenue for possession of an illegal knife under City law. The area had been designated by the prosecutor’s office as a high drug area requiring special enforcement.

At some point during his transport to the Western District, Freddie Gray suffered a substantial injury which resulted in his death on or about April 19, 2015.

Shortly thereafter, the family of Freddie Gray filed claims against the City and the BPD arising out of his tragic death. There are many facts and legal issues in connection with this case which are complex and hotly disputed. This proposed settlement does not resolve any factual disputes surrounding the events of April 12th and expressly does not constitute an admission of liability on the part of the City, the Baltimore Police Department, or any of the police officers who interacted with Mr. Gray on that day.

Importantly, this settlement has nothing whatsoever to do with the criminal proceedings now underway. The purpose of the civil settlement is to bring an important measure of closure to the family, the community, and the City, and to avoid years and years of protracted civil litigation and the potential harm to the community and divisiveness which may likely result.

The settlement takes into consideration the totality of the unique circumstances surrounding and following the death of Mr. Gray and seeks to bring complete resolution to this matter. Based on a review of the facts and legal issues and the extraordinary circumstances surrounding this matter, the Settlement Committee of the Law Department recommends that that the Board approve the settlement of this case as set forth herein.