Update: Excessive Force Case May Be Settled


The City of Omaha is prepared to make a financial offer to a man who claimed officers used excessive force when he was arrested in 2011.

Robert Wagner sued the city of Omaha for his arrest around 3:30am on May 29, 2011, in the Creighton University Medical Center Emergency Room Parking.

A surveillance video surfaced months later showing a number of officers striking Wagner while he was on the ground. The images created a community firestorm – raising questions about what techniques are appropriate when apprehending a suspect.

Two officers were fired by then-police chief Alex Hayes.

In June 2012, Officer Jackie Dolinsky was given her job back by a federal arbitrator. The same happened for Officer Aaron Pennington in December 2012.

Robert Wagner filed a federal lawsuit against the city saying his civil rights were violated when officers used excessive force to arrest him.

The federal case is scheduled to go to court in December.

On Tuesday, the Omaha City Council will hold a public hearing over whether it will allow the Law Department to make an offer to Wagner’s team.

If the offer is accepted by Wagner, the federal court case would be over.

Omaha City Attorney Paul Kratz tells Channel 6 News that it's a legal move to minimize damages to taxpayers in the event it would lose the case in court.


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