From [HERE] The city of Huntington and Cabell County 911 have agreed to pay a Black woman's estate more than $370,000 in settling a lawsuit alleging her wrongful death, according to federal court documents filed Monday. The lawsuit alleged Nield used excessive force and caused the death of 66-year-old Annie Earle at St. Mary's Medical Center in January 2014.
The gross amount of the settlement reached in September was $372,500, and court documents show that Earle's estate has asked that legal fees in the amount of $179,699.46 be deducted from that amount.
Annie Earle, 66, died Jan. 11, 2014, when Officer Josh Nield, as identified in the lawsuit, held her face down on the hospital floor, according to the lawsuit against Nield.
Naturally, a Cabell County grand jury [all white?] put together by a white prosecutor chose not to indict the white cop and cleared him of any wrongdoing in relation to Earle's death, and a civil lawsuit was later filed by Michigan attorney Clifford Paskel and local attorneys from Weston Robertson Law.
Nield was fired in light of an internal investigation involving sexual assault allegations made against Nield by two college-aged women in an incident that occurred 14 months after the death of Annie Earle. [MORE]
The lawsuit describes Earle as putting forth minimal resistance. It further states Nield grabbed Earle and lifted her into the air, eventually laying his full weight on her body. The slam fractured her ribs and compressed her thorax resulting in a punctured heart and her death.
In addition to false imprisonment, the lawsuit accused Nield of unlawful search and seizure, excessive force, as well as assault and battery. The plaintiffs accused the city of failure to train and supervise, negligent hiring, deliberate indifference, as well as various state constitutional violations also levied against Nield, but Chambers disagreed and dismissed claims against the city.
A second federal lawsuit against Nield alleging a false arrest that resulted in alleged sexual assault and battery remains ongoing.