City settles 2008 case that alleged excessive force by SPD

SEATTLE -- A man who filed a lawsuit alleging a Seattle police officer used excessive force during his arrest in 2008 has won a $75,000 settlement.

John Kita settled with the city of Seattle on Tuesday, a city spokesperson said. The money will include court costs and attorney fees.

Dash cam footage of the incident showed officer Kevin Oshikawa-Clay summoning Kita from across a parking lot. The man is seen walking over to the patrol car and placing his hands on the hood as the officer instructs him to do. The officer is then seen hovering over the man, and demanding the man's hands. When the man is slow to react, the officer is seen slamming the man's head into the hood of the car.

In court filings, Oshikawa-Clay insisted Kita resisted arrest. The officer said his actions were by the book, dictated by his police training.

Clay told the court he saw Kita tackle his own girlfriend to the ground in a parking lot. Kita denied the claim and was acquitted. He later sued the city, claiming the officer injured his neck and back, making it impossible to turn his head.

The City of Seattle had moved to dismiss the case, but a three-judge 9th Circuit Court of Appeals panel ruled against the city in June, allowing the case to go forward.

In settling the suit Tuesday, the city says it does not admit any liability.

Just over a year ago, a Department of Justice investigation found the Seattle Police Department had a pattern and practice of using excessive force.