Cox Case Settled For $45M

(Updated) The City of New Haven has agreed to pay $45 million to Richard ​“Randy” Cox to end a lawsuit stemming from paralyzing injuries the 36-year-old Black New Havener suffered while in police custody — marking the largest municipal settlement in a police misconduct case in this country’s history.

Mayoral spokesperson Lenny Speiller sent out an email press release about the historic settlement late Friday night on behalf of both the Elicker administration and Cox’s attorneys, including national civil rights lawyer Ben Crump. A spokesperson for Crump sent out a separate email press release heralding the settlement soon thereafter. 

“As the largest settlement in a police misconduct case in our nation’s history, this settlement sends a message to the country that we know we must be better than this,” Crump and Cox’s fellow local attorneys, Lou Rubano and R.J. Weber, are quoted as saying in the press release.

Speiller wrote that the agreement came out of a settlement conference that the city and Cox’s attorneys held earlier on Friday with Magistrate Judge Maria Garcia of the U.S. District Court in New Haven in a case related to Cox’s June 19, 2022, arrest and mishandling by city police.

With the judge’s help, the parties agreed to a $45 million settlement ​“to resolve all claims against the City of New Haven,” Speiller wrote. ​“Of the $45 million, $30 million of the total settlement will be covered by the City’s insurance, and the remainder will be paid by the City.”

The settlement brings to an end a $100 million civil lawsuit that Cox and his family brought in federal court back in September. That lawsuit against the city, the police department, and city police officers Betsy Segui, Oscar Diaz, Jocelyn Lavandier, Luis Rivera, and Ronald Pressley sought damages for the officers’ alleged violations of Cox’s civil rights following his arrest on June 19, 2022.

The settlement also comes several days after the the city’s police commission voted to fire Officers Rivera and Lavandier, and several months after all five involved officers were arrested for reckless endangerment and ​“cruelty to persons.” All five arrested cops have pleaded not guilty to those charges. (Segui and Diaz are slated to come before the police commission for a termination vote later this month. Pressley has already retired.)

“The action by the New Haven Board of Police Commissioners to terminate the two officers involved in the arrest that resulted in Randy Cox’s paralysis reflected a commitment to accountability and justice,” Cox’s attorneys said in Friday’s press release. ​“This settlement makes a strong statement that police departments and their municipalities will be accountable for ensuring that police officers honor the lives of those they are sworn to serve and protect.”

“While nothing can ever return Randy’s life to the way it was prior to this incident,” Mayor Justin Elicker is quoted as saying in Friday’s press release, ​“we trust that this settlement will allow him to receive the support and medical care he needs to move forward. The City of New Haven will continue to do everything we can to assist him in his journey.”

Mayor: Wanted To Do Right By Randy & His Family

Elicker provided further details on the newly inked settlement during a press availability he held Saturday morning before heading off to an unrelated event at the homicide victim memorial garden on Valley Street.

The mayor said that Friday’s Zoom-assisted court settlement conference stretched from 10:30 a.m. to around 6:30 p.m., with Elicker, city Corporation Counsel Patricia King, and city-hired attorney Thomas Gerarde present for the city’s side, and Crump, Rubano, Weber, and another colleague of Crump’s present on behalf of Cox. The mayor praised Judge Garcia for doing a ​“remarkable” job in engaging all of the parties and helping them reach a final agreement.

Why did the city ultimately settle on $45 million as the right number to end this case?

For two reasons, Elicker said. ​“The first is that Randy will likely be unable to walk and move most of his upper body for the rest of his life. So there’s a lot of analysis that goes into the long-term life care of Randy. As you can imagine, there is a lot of care that he will need to be able to function.” 

The mayor said the city looked at other cases ​“where people were unable to walk, paraplegic cases” — as opposed to other police misconduct cases — when trying to understand ​“the long-term cost it will take to care for Randy and ensure he has the resources he needs.”

The second major reason for why the city ended up at $45 million, Elicker said, is ​“we wanted to make sure we made a statement and did right by Randy and his family. … In New Haven, we are very clear that Black lives matter. And we want to ensure that we are doing the right thing for people that have been historically unresourced,” and for Cox and his family in particular.

What happens next now that the two parties have agreed to settle the federal court case for $45 million?

Elicker said the judge now needs to formally sign off on the settlement. 

“The city’s fortunate to have a $30 million insurance policy,” he said. That $30 million should be processed and paid out by the city’s insurance companies pretty ​“quickly.”

The remaining $15 million needs to come from the city, he said. That amount must be approved by the city’s Litigation Settlement Committee and then by the Board of Alders. That ​“will take some time,” Elicker predicted, but he doesn’t ​“anticipate any challenges” to the amount winning a final approval.

Will any of that $15 million come from the individual officers involved in this case?

No, Elicker said. ​“The city is required to indemnify the officers. The city has paid for, as required, all of the officers’ individual attorneys. … The officers are indemnified [and] the settlement covers everyone involved.”

One Year Later

The settlement comes almost exactly a year after June 19, 2022, when city police arrested Cox on weapons charges at a Lilac Street block party. They drove him to police headquarters in a transport van that lacked any seatbelts. While speeding, Officer Diaz suddenly braked the van to avoid crashing into another vehicle at the intersection of Division and Mansfield Streets, pummeling Cox headfirst into a wall and injuring his neck and spine.

While Diaz called for medical help, officers at the 1 Union Ave. detention center did not wait for medical professionals to remove Cox from the van. Cox repeatedly said that he couldn’t move, but the cops accused him of exaggerating and just being intoxicated. Officers dragged him across the police station floor and kept him in a cell, feet handcuffed, before an ambulance crew arrived. The incident ignited local and national outrage.

The incident left Cox paralyzed from the chest down. Initially, he survived on oxygen and a feeding tube, unable to speak. He spent months in the hospital and then in rehab centers, where he needed 24-hour care that family members said the facilities could not always provide.

The Cox family initially sought $100 million from the city. Representatives of the family estimated that Cox’s medical care alone would cost at least $20 million over the course of the rest of his life.

After Cox’s paralysis, the city updated its training and police transport policies, requiring that officers ask arrestees if they need medical attention, seek care immediately if the answer is yes, and transport arrestees in police cruisers with seatbelts, among other changes.

See below for Friday night’s press release in full

Joint Settlement Reached in the Civil Case Richard Cox v. City of New Haven, et al

NEW HAVEN, CT – Today, in the civil case Richard Cox v. City of New Haven, et al all parties participated in a settlement conference with Magistrate Judge Maria Garcia of the U.S. District Court in New Haven. With Judge Garcia’s assistance the parties were able to agree upon a settlement of $45 million to resolve all claims against the City of New Haven. Of the $45 million, $30 million of the total settlement will be covered by the City’s insurance, and the remainder will be paid by the City. 

Upon reaching this settlement, the parties involved released the following statements: 

Statement by New Haven Mayor Justin Elicker:

“What happened to Randy Cox was unacceptable. When an individual enters police custody, there is an obligation to treat them with dignity and respect and in a manner that ensures their safety and well-being. That did not happen with Randy: he entered policy custody being able to walk, and he left police custody paralyzed with his life and his health forever altered. 

From day one, Police Chief Jacobson and I have promised accountability, transparency and action for Randy, the Cox family and the New Haven community — and we committed to do everything in our power to ensure an incident like this never happens again. 

Since this tragic incident occurred, the New Haven Police Department has instituted a comprehensive set of reforms, updated its policies and procedures on the transfer of people in custody, and required departmentwide training on duty to intervene. The officers involved are being held accountable by the police department and in court.

Further, the actions of these few officers do not reflect the values of the New Haven Police Department and do not represent the high standards that I know the rest of our police officers hold themselves to everyday as they put their lives on the line to protect and serve our residents and keep our community safe. 

Today’s settlement agreement is an important and sobering part of this accountability process. While nothing can ever return Randy’s life to the way it was prior to this incident, we trust that this settlement will allow him to receive the support and medical care he needs to move forward. The City of New Haven will continue to do everything we can to assist him in his journey. 

I want to thank Randy and his family for their patience as we worked through this process. We remain resolved as a city to collectively work to ensure an incident like this never happens again.” 

Statement by Attorneys Ben Crump, Louis Rubano and R.J. Weber representing Richard ​“Randy” Cox: 

“This historic settlement reflects the commitment of New Haven leadership to fully value Randy Cox’s life and support him through the difficult journey ahead. The city’s mistakes have been well documented. But today is a moment to look to the future, so New Haven residents can have confidence in their city and their police department. 

As the largest settlement in a police misconduct case in our nation’s history, this settlement sends a message to the country that we know we must be better than this. The action by the New Haven Board of Police Commissioners to terminate the two officers involved in the arrest that resulted in Randy Cox’s paralysis reflected a commitment to accountability and justice. This settlement makes a strong statement that police departments and their municipalities will be accountable for ensuring that police officers honor the lives of those they are sworn to serve and protect.”