Atlanta agrees to $3.75M settlement in death of Nebraska man in police custody

The city of Atlanta will pay $3.75 million to the family of a Nebraska man who died after police handcuffed him face down.

The City Council approved the settlement Monday, The Atlanta Journal-Constitution reported, after the Fulton County medical examiner determined that Ricardo Dorado Jr.'s death on Aug. 21, 2022 was a homicide.

The medical examiner ruled that the death of the Lexington, Nebraska, resident was caused by prone restraint cardiac arrest. Complicating factors included Dorado having methamphetamine in his system, getting hit in the head by officers’ batons during his arrest and heart disease, according to the medical examiner's report.

"A review of the bodycam footage in this case clearly reflects that the egregious misconduct of several officers employed by the City of Atlanta Police Department caused Ricky’s untimely death," Gabe Banks, an attorney for Dorado’s family, said in a statement. "Ricky was unarmed, and his death was completely preventable."

Officers were called to an Atlanta convenience store about a man vandalizing vehicles and gas pumps. After failing to subdue Dorado with electrical stun guns and pepper spray, an incident report says Dorado used a T-shirt to close the doors of the convenience store and then locked himself inside a bathroom. Dorado came out "swinging and kicking" when officers opened the door, the report said.

FAMILY OF MONTAY STINSON SAYS FULTON COUNTY SHERIFF HAS ‘BLOOD’ ON HIS HANDS AFTER INMATE’S DEATH

The medical examiner said Dorado had "a history of schizophrenia and methamphetamine use" and was "reportedly exhibiting an altered mental status" during the brawl.

Police say Dorado then threw bottles of wine at officers, who hit him with their batons. Dorado was finally handcuffed outside the door and held face down on the pavement. Attorneys say Dorado was held face-down for 15 minutes, that one officer placed a knee on Dorado’s arm, and that another placed a knee into Dorado’s back while officers held his feet up in a "hogtied" position.

The newspaper reports attorneys had notified the city of their intent to sue earlier this year, demanding $17.5 million in damages. The city agreed to settle the case before a lawsuit was filed.

Officers turned Dorado over and began administering first aid after he became unresponsive. He died hours later at a hospital. Both the Georgia Bureau of Investigation and Atlanta police investigated.

The three officers involved remain on administrative duty.

In August, the GBI submitted its findings to prosecutors, who allowed the Dorado family’s attorneys to view the unreleased police body camera footage for the first time.

Fulton County District Attorney Fani Willis hasn't announced whether she will seek criminal charges against the officers.

The city of Atlanta has paid more than $8 million this year to settle claims against the police department.

McCarthy says only five GOP votes needed to fire him, doesn't expect help from Dems

A defiant Speaker Kevin McCarthy, R-Calif., told reporters on Tuesday morning that he is "confident" in keeping his job while also acknowledging that just five GOP lawmakers are needed for him to lose it.

As of late Tuesday morning, at least five House GOP lawmakers – Reps. Gaetz, Bob Good, R-Va., Tim Burchett, R-Tenn., Andy Biggs, R-Ariz., and Eli Crane, R-Ariz. — have said they intend to vote against him.

Chief McCarthy critic Rep. Matt Gaetz, R-Fla., introduced a motion to vacate the chair against the speaker on Monday night. That gave the House two days to hold a chamber-wide vote on the measure — if successful, McCarthy could be replaced in the top spot.

"It seems very personal with Matt, it doesn't look like he's looking out for the country or the institution," McCarthy said. 

MATT GAETZ INTRODUCES MOTION TO VACATE AGAINST HOUSE SPEAKER MCCARTHY

But with a razor-thin GOP majority, McCarthy can only afford to lose five Republican votes — based on current House attendance — to survive without help from Democrats.

Asked if he expected Democrats to come to his aid, McCarthy said, "No, I personally am not."

"If five Republicans go with Democrats, then I'm out," McCarthy said. 

VOTE TO OUST MCCARTHY AS SPEAKER COULD HAPPEN AS EARLY AS TUESDAY

When a reporter pointed out that his ouster was a likely scenario, he said, "Probably so."

McCarthy said he would hold a vote on Gaetz's measure Tuesday afternoon to "move through this."

He also emphasized that the majority of the GOP conference is with him, including on their recent Saturday vote to extend government funding until Nov. 17 to avoid a shutdown. He told reporters, "I truly believe though, the institution of the House, at the end of the day, if you throw a speaker out that has 99% of their conference that kept government open and paid the troops, I think we're in a really bad place for how we're going to run Congress."

HOUSE REPUBLICANS LOOK TO EXPEL FLORIDA REP. MATT GAETZ

McCarthy allies emerged from their Tuesday morning conference meeting confident — and furious at Gaetz and his cohorts.

"This is like somebody setting fire to a home and then trying to claim that they're the only ones who can put it out," Rep. Nick LaLota, R-N.Y., told Fox News Digital. 

"I think that in the room just now there was a solid spirit in favor of Kevin's leadership. He is the personification of a common sense conservative looking to advance an agenda," he said. "Ninety-eight, maybe 99% of the room is in favor of him continuing along that path. And we'll quash the rebellion here at 2pm," when a vote is expected.

Rep. Marc Molinaro, R-N.Y., called the push to oust McCarthy "pseudo-political psycho theater." 

Main Street Caucus Vice Chair Stephanie Bice, R-Okla., said, "This is a distraction from what we should be focusing on, which is the appropriations process…this is all about Matt Gaetz. It's not about Kevin McCarthy. Matt Gaetz is using the American people as pawns in his narcissistic game of charades."

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