Grapski settles one case, while others ongoing

GAINESVILLE – More than five years after being handcuffed and dragged from a City of Alachua commission meeting, one-time State House of Representatives and City of Alachua Commission candidate Charles Grapski has reportedly settled a federal case in which he alleges violations of the Constitution.

Grapski is reported to have been paid nearly $200,000 as a condition of the settlement offered by the insurance company defending the case on behalf of the City of Alachua.

The agreement hammered out between Grapski and the insurance company is not a public record at this time, but a notice of the settlement was entered in the federal court docket system earlier this month.  Last week, a federal clerk entered the dismissal into the docket.

Reportedly, as a condition of the agreement, Grapski may not discuss its specific terms.  Instead, Grapski is only permitted to read a generic pre-written statement, which does not cite him as the victor in the case.  Despite those conditions, Grapski conducted an interview on a local radio show in which he specifically commented on details about the case, including the financial settlement offered. That interview may have occurred prior to Grapski’s agreement to the terms of the settlement, although it is unclear at this time.

Grapski first filed the lawsuit in July 2010.  Earlier this year, Federal District Court Judge Maurice Paul agreed with defendants in the case that the original complaint was too ambiguous and required that Grapski file an amendment.

The City of Alachua was not the only defendant in the case.  Also sued as part of Grapski’s complaint were former Alachua city manager Clovis Watson, Jr., former Alachua police chief Robert Jernigan, former Alachua mayor Jean Calderwood, current mayor Gib Coerper and Alachua police officer Patrick Barcia, Jr.

The lawsuit alleged a host of federal violations including several constitutional abridgments.  Grapski claimed that his rights to freedom of speech, equal protection and against illegal searches and seizures were violated when he was removed from at least one Alachua City Commission Meeting in 2006 and handcuffed on two occasions.

Grapski criminal case

Hearings have been scheduled for Jan. 5 and 6 for a criminal case in which Grapski has been charged with contempt of court.  The case is still working through the legal system.

The charge is the result of Grapski’s alleged actions and statements made in Judge James Nilon’s courtroom on June 21 during a violation of probation hearing.

In a petition alleging Grapski’s contemptuous behavior it is stated that he approached the podium and told Assistant State Attorney Shawn Thompson to “get a real job.”

At a later hearing on the same day, Grapski allegedly approached Thompson’s table in an “aggressive manner,” pointed his finger at Thompson and stated to him, “you are a f---ing liar” not less than two times, the order alleges.

Grapski has demanded a jury trial on the contempt charge according to a notice filed by his attorney, Eric Atria.

Case against sheriff now in federal court

Grapski appears to be taking matters to federal court for a lawsuit first filed in state court against Alachua County Sheriff Sadie Darnell and two of her employees.  That case, first filed in the Alachua County Circuit Court in August, now appears on the federal court’s docket system.

In a civil cover sheet, Grapski notes that the federal court’s basis of jurisdiction is a “Federal Question.”  On the standardized cover sheet form, he also checked a box indicating that the nature of the suit is “Other Civil Rights,” and that the case had been removed from state court.

Similarly to his original lawsuit, Grapski alleges “excessive use of force” and “inadequate medical care.”

The original lawsuit filed in August stemmed from Grapski’s incarceration at the jail after being arrested for battery on Alachua Police Department officers more than four years ago.  He claims in the six-page complaint that he was improperly strip searched by two corrections officers, Brenda Spencer and Lee Jackson.

According to the complaint, at least one of those officers was female, making it unlawful for her to conduct a strip search on a male inmate.

Moreover, he claims the correctional officers failed to obtain written authorization from a supervising officer on duty.

“Spencer, Jackson and others violently forced Grapski onto the concrete floor in the strip search room,” the political activist wrote in the lawsuit.  “The violence Spencer, Jackson and others expressed against Grapski caused him to be bruised and contused, to suffer chemical burns and pain in his eyes, to suffer difficulty breathing and to become extremely ill from the chemicals in the mace.”

Although Grapski did not mention it in his lawsuit, charges were filed against him for allegedly knocking one of the corrections officers to the ground and causing her injuries.

Following the incident in the strip search room, Grapski was reportedly taken to a solitary cell where he says medical treatment was not provided.  He reports later passing out and hitting his head on a metal bench and the concrete floor.

Grapski alleges that he was strapped to a chair for several hours, and being denied medical treatment in spite of his requests.  This caused him to become sicker, and eventually admitted to the Alachua County Detention Center (ACDC) medical unit, he wrote.

“As a result of Sheriff’s practices and custom of providing inadequate medical care, training and supervision in ACDC Grapski suffered severe illness including kidney failure,” he wrote.

He asserted, “After being ill and throwing up, Grapski lost consciousness and fell unconscious in the ACDC medical unit.”

Described as a “coma” by Grapski, he blames his condition on the ACDC, although he had admitted publicly to engaging in a hunger strike.

The suit charges that Spencer and Jackson intentionally battered Grapski in “wanton disregard of his human rights and safety and causing him to suffer physical injuries and pain and suffering.”

The Sheriff had “negligently and inadequately” supervised, trained and instructed staff that caused physical injuries and pain to Grapski, the suit also charges.

In another charge, Grapski wrote that he was denied adequate medical care.  He also points to the United States Constitution in stating that he was denied rights guaranteed by the Fourteenth Amendment, presumably his right to due process.

The Alachua County Circuit Court docket system still shows the civil case as active.