City of Bellingham approves settlement in lawsuit for police excessive force
The city of Bellingham has approved a settlement of a federal lawsuit filed by a Bellingham man who alleged former Bellingham police officer Brooks Owen Laughlin used excessive force during an arrest and that the department had a policy of tolerating violent officers.
The Bellingham City Council unanimously voted Monday, Feb. 10, to authorize the mayor to dismiss the lawsuit and all claims related to it and to pay $175,000 to Joshua Travis Smith, 25, the man who filed the lawsuit.
“In regards to the recent City Council action that approved the settlement of Smith v. City of Bellingham and Brooks Laughlin lawsuit, the Police Department previously found that the actions of the officer in this case were justified and within policy. I stand by that determination,” Bellingham Police Chief David Doll said in a statement Tuesday, Feb. 11, on the department’s Facebook page.
Smith’s lawsuit, filed in federal court in Seattle Dec. 18, 2018, argued that his civil rights were violated, that he suffered severe physical and emotional injuries and remains traumatized by Laughlin’s actions while arresting him.
Smith’s lawsuit also alleged that Laughlin used excessive force and assaulted him, that he was wrongfully arrested and maliciously prosecuted, that the Bellingham Police Department negligently kept Laughlin on staff and that the department has a policy of failing to supervise, discipline and control its officers, according to court records.
Laughlin, 35, was sentenced to eight years in prison Dec. 12, 2018, after he was found guilty of nine charges relating to a pattern of domestic violence abuse of a woman from September 2016 until his arrest in spring 2018.
“I also understand that the unique circumstances in this case, which involved former Officer Brooks Laughlin, presented risk to the City in proceeding to trial and further understand the decision to settle this case based on the risks presented,” Doll’s statement said. “We are privileged to have the best trained, equipped and supervised police officers in the Country, and I am beyond proud of the exceptional work they do every single day to compassionately serve our Community.”
Previous complaints
Laughlin resigned from duty effective 5 p.m. April 20, 2018, according to Doll in earlier stories in The Bellingham Herald. Laughlin was put on paid administrative leave on Feb. 14, 2018, four days after his first arrest on Feb. 10, 2018. Laughlin was arrested again a month later on March 27, 2018, after the woman disclosed violations of a no-contact order and the abuse to police.
Laughlin had been with the Bellingham Police Department for 13 years and was promoted to corporal on Jan. 9, 2018.
The Bellingham Police Department had known about Laughlin’s history of domestic violence since at least January 2017, but some sheriff’s deputies and the woman’s family have had concerns about Laughlin’s conduct since 2015, according to records obtained by The Bellingham Herald.
Laughlin is currently incarcerated at the Monroe Correctional Complex, according to state Department of Corrections records.
Smith was charged with obstructing a law enforcement officer in Bellingham Municipal Court. His charges were dismissed Feb. 26, 2018.
Smith’s father previously filed an excessive force complaint against Laughlin on July 7, 2017. Smith’s father said that Smith lost his job due to injuries sustained during the arrest, and the loss of income had greatly affected the family.
On Nov. 28, 2017, Lt. Jason Monson wrote in a letter to Smith’s father that the complaint against Laughlin had been investigated and Laughlin was exonerated. Exonerated is “when the investigation discloses that the alleged actions occurred, but those actions were justified, lawful and/or proper,” according to the letter.
Before filing the lawsuit in federal court, Smith also submitted a claim for damages to the city on Sept. 27, 2018, but the claim was denied on Nov. 2, 2018, the lawsuit states.
Other officers
Laughlin was the third officer in as many years to be arrested for assaultive behavior.
Former officer Sukhdev Sing Dhaliwal was sentenced Dec. 10, 2018, to 240 hours of community service for a fight that occurred when he and his brother met two men outside a Blaine business in mid-October 2017. Dhaliwal’s misdemeanor conviction was dismissed Dec. 17, 2019.
In fall 2016, officer Jacob Esparza was fired after he was arrested on domestic violence charges. Esparza pleaded guilty in June 2017 to one count of harassment (domestic violence) and was sentenced to serve 364 days in jail, with 362 days suspended.
Esparza was also one of two officers named in a civil lawsuit filed in January 2017 that alleged excessive force during an arrest. The city settled that lawsuit in January 2018 and agreed to pay $100,000 to the man. Similar to Laughlin, Esparza’s dismissal from the department was a factor in the decision to settle the lawsuit, according to a previous story in The Bellingham Herald.
This story was originally published February 11, 2020 at 12:53 PM.
