NEWS

City to pay $150K to settle police misconduct allegation

Cassa Niedringhaus
cniedringhaus@coloradoan.com

Fort Collins officials have agreed to pay $150,000 to a man who claims that a city police officer illegally entered his west Fort Collins in July and beat and pepper sprayed him while responding to a noise complaint.

Fort Collins has agreed to pay $150,000 to a man who alleged that a police officer illegally entered his west Fort Collins home and then beat and pepper sprayed him in July.

Joseph Heneghan signed the settlement agreement Feb. 13, according to a copy of the settlement obtained by the Coloradoan.

City officials confirmed the amount of the settlement but declined to provide further details, citing personnel matters and an ongoing investigation. Fort Collins Police Services is conducting an internal investigation into the incident, according to a police spokesperson.

The city does not admit any wrongdoing or liability related to Heneghan's allegations, per the settlement.

It was the second settlement FCPS reached in February. The city also agreed to pay $425,000 to settle a lawsuit by two officers who said they were victims of a pattern of internal ethnic and racial discrimination within FCPS.

Heneghan, a Chicago schoolteacher represented by Denver-based lawyer David Lane, alleged that FCPS officer Aaron Westby responded to his home in the 1900 block of Corriedale Court on July 17 based on reports of loud music. Heneghan claims that Westby illegally entered his home after he refused to show the officer his identification.

Heneghan, who was in town for the summer, reportedly captured the incident in an audio recording, which he posted to YouTube on Tuesday.

Editor's note: This recording contains profane language.

Lane said Heneghan captured the audio as he was working to produce music with friends, and the recording device was still running when police arrived.

In the recording, an officer — allegedly Westby — knocks on Heneghan's door, tells him that his music is "much too loud" and asks for his identification. Heneghan declines and says that he's moving out, which is why his music is so loud. When Heneghan continues to refuse to provide identification or step outside the home, the officer allegedly enters the home and tries to pull him outside.

Heneghan repeatedly shouts expletives throughout the 5 ½-minute recording.

"This is f---ing illegal," he says. "This is illegal. You do not have the right to f---ing come in this house."

The pair appears to scuffle before the officer warns that he'll use pepper spray on Heneghan. He allegedly pepper sprays Heneghan, who begins to cough. Other officers respond to the incident before the audio cuts.

Heneghan also posted a short clip to YouTube of what he alleges is officer-mounted body camera footage that shows Westby muting the camera before explaining the incident to a fellow officer.

Heneghan was arrested on suspicion of obstructing a peace officer and resisting arrest and held for two days in July, according to the settlement. The charges were later dropped.

Lane, who said he wanted to give the city the option of a settlement before filing a lawsuit on behalf of his client, described the settlement as a "tacit acknowledgement" of guilt on the part of FCPS. He said that he and city officials had been conversing since the fall, and they reached the settlement in February.

Reporter Cassa Niedringhaus covers breaking news for the Coloradoan. Follow her on Twitter: @CassaMN.