Star Tribune
City Council rejects $145K PTSD claim by former MPD sergeant involved in Jaleel Stallings beating
When a Minneapolis police officer claims post-traumatic stress disorder, they are likely to be met with a sizeable check from the city.
Elected officials have approved hundreds of such disability claims — even for cops with pending discipline related to serious misconduct on the force — at the urging of their attorneys.
But in a 4-1 vote without discussion on Monday, council members struck down the first proposed PTSD settlement by a police officer to come before the body in recent years.
Members of the Policy and Government Oversight Committee (POGO) rejected a $145,000 worker’s compensation payment to former Minneapolis police Sgt. Andrew Bittell, whose role in beating a Black man amid civil unrest days after George Floyd’s murder resulted in a costly payout by the city.
In an interview, Council Member Robin Wonsley accused some MPD officers of filing disability claims as a means to flee the embattled department amid efforts to transform policing in the aftermath of Floyd’s killing — and questioned why the city hasn’t fought harder to challenge some of the most egregious cases.
Since June 1, 2020, the city has shelled out more than $24 million in worker’s compensation settlements to roughly 150 Minneapolis police officers, according to a Star Tribune review of City Council minutes.
“There has been continuous concerns from the public around, ‘Why aren’t we challenging these claims?'” said Wonsley, who has consistently opposed the settlements. “I’m really hoping that our city attorneys use this as an opportunity to rethink their litigation approach.”
Bittell, a former SWAT leader whose unit targeted civilians out past curfew on May 30, 2020, was caught on body camera footage instructing officers to fire rubber bullets at protesters without warning.
“Alright, we’re rolling down Lake Street. The first [expletives] we see, we’re just hammering ’em with 40s,” Bittell said, referring to the non-lethal rounds.
That night, they shot at Jaleel Stallings, a 29-year-old Army veteran and legal gun owner, who returned fire at the SWAT team’s unmarked van in self-defense, not realizing they were police. A swarm of officers descended on Stallings, who surrendered once police identified themselves. But Bittell and officer Justin Stetson continued punching and kicking him as he lay prone on the ground with a fractured eye socket.
The officers testified in court that the force was justified because Stallings was actively resisting arrest. That account later proved false with the release of video evidence.
Stetson eventually pled guilty to assault and misconduct charges — but only after a Hennepin County jury acquitted Stallings of attempted murder in the case and he won a $1.5 million settlement from the city.
Following Stallings’ acquittal, the administration placed Bittell on non-enforcement duties as his own disciplinary case wound through the Office of Police Conduct Review, according to a source with knowledge of the investigation. He separated from the city a few months later, on Jan. 13, 2022, when he had three open complaints against him.
Bittell was just one of dozens of MPD officers who severed ties with the department while disciplinary cases for misconduct were still pending.
City Council members have publicly and repeatedly expressed concern over the escalating settlements for officers, even as most of them have voted to approve the payouts — often with price tags ranging from $100,000 to $200,000 each. City attorneys have long advised that rejecting such claims could lead to even more costly litigation.
“These payouts are turning out to be pretty untenable,” Council Member Jeremiah Ellison told colleagues during a council meeting in April 2022. Even so, Ellison has continued to urge colleagues to approve them because he understands that “we either pay the entire claim or we pay these settlements.”
“In the spirit of saving money, that is why I vote for them,” Ellison, who chairs of the POGO committee, said last month as they weighed whether to approve another round of $1.4 million in worker’s compensation claims.
He noted that a recent state law change requiring public safety workers suffering from PTSD to undergo 24 to 32 weeks of treatment before they can be eligible for state disability pension benefits might help rein in those costs.
Minneapolis has spent nearly $34 million since June 1, 2020, to cover wage replacement, medical payments, settlements, and other claim-associated expenses for MPD employees, according to city data.
On Monday, Council members Wonsley, Jason Chavez, Emily Koski and Andrew Johnson all rejected Bittell’s claim and moved to return the matter to city staff. (Ellison was absent while attending an out-of-state conference).
Council Member LaTrisha Vetaw cast the lone vote to approve, later telling the Star Tribune that she was continuing to follow legal guidance.
“We’ve been instructed by our lawyers that this is different than a lawsuit against someone who violated Jaleel Stallings’ rights,” Vetaw said. “We’ve seen the video, we know there was a lie in this case. This officer is no longer here, but legally the council is bound to [workers’] comp settlements.”
Immediately following the roll call, deputy city attorney Erik Nilsson reminded elected officials that “prior misconduct is largely not relevant to whether an employer is obligated to pay benefits.”
Some take him up on it and fret when he’s not around.
“It is nice to be missed and be part of the school’s culture,” Arzola said. But mostly, he added, he wants kids to know that police aren’t around just for when the bad stuff happens. He’ll hand out his stickers and bracelets, even a trading card bearing his image. Then, they’ll talk about dogs and family.
School resource officer Al Arzola talks to students in his office at John Adams Middle School in Rochester on Oct. 11. (Leila Navidi/The Minnesota Star Tribune)
Two months ago, Rochester played host to a three-day training session for new SROs from across the state — an event organized by the Minnesota School Safety Center. On the final day, the 26 officers learned about surveillance challenges at the other school where Arzola works: Dakota Middle School.
It is a beautiful building with a scenic view. There is a lot of glass, too. Arzola, handling the role of instructor and tour guide, took the group outside and noted how one could look straight through the entrance to the large groups that gather inside. There were no curbs in front, either.
“There is nothing stopping any vehicle whatsoever from going through my front doors,” Arzola told the officers. “Law enforcement wasn’t talked to before this building was made. It was kind of like, ‘Here it is. You’re the SRO. Do what you do.’”
He showed them his office, too, which is separate from the main office and near those of other school support staff members. That makes sense, said Jenny Larrive, SRO coordinator for the Minnesota School Safety Center, given than SROs spend more time connecting with youth than on actual law enforcement.
“The basic rule in Minnesota is you cannot preemptively post law enforcement at a polling place,” he said. “A city can’t say, ‘Wow, Precinct Two, there’s a lot of intensity there, let’s just put a cop at the door.’”
Simon doesn’t go deep into the details on security, though. “I don’t want to give a total road map to the bad guys,” he said.
But testimony at the Capitol last year on behalf of the new law bolstering protections for election and polling place workers indicated there’s room for concern. One election worker was followed to her car by an angry voter; the head of elections in another county was called repeatedly on her home phone during off hours, and an official was lunged at by an aggrieved voter, forcing her to call the local sheriff.
Those who violate the law could now face civil damages and penalties of up to $1,000 for each violation.
The Brennan Center survey indicated more than four in 10 election leaders were concerned about recruiting enough poll workers due to threats of harassment and intimidation. This includes doxing — publishing a person’s personal information online in a threatening manner — and swatting, fake emergency calls that result in an armed response being sent to someone’s home.
“Election officials are working to prepare for everything right now,” said Liz Howard, director of partnership engagement at the Brennan Center. “More than 90% of election officials have made improvements to election security since 2020.”
Star Tribune
Daylight saving time ends next weekend. This is how to prepare for the potential health effects
The good news: You will get a glorious extra hour of sleep. The bad: It’ll be dark as a pocket by late afternoon for the next few months in the U.S.
Daylight saving time ends at 2 a.m. local time next Sunday, Nov. 3, which means you should set your clock back an hour before you go to bed. Standard time will last until March 9 when we will again ”spring forward” with the return of daylight saving time.
That spring time change can be tougher on your body. Darker mornings and lighter evenings can knock your internal body clock out of whack, making it harder to fall asleep on time for weeks or longer. Studies have even found an uptick in heart attacks and strokes right after the March time change.
”Fall back” should be easier. But it still may take a while to adjust your sleep habits, not to mention the downsides of leaving work in the dark or trying exercise while there’s still enough light. Some people with seasonal affective disorder, a type of depression usually linked to the shorter days and less sunlight of fall and winter, may struggle, too.
Some health groups, including the American Medical Association and American Academy of Sleep Medicine, have said it’s time to do away with time switches and that sticking with standard time aligns better with the sun — and human biology.
Most countries do not observe daylight saving time. For those that do — mostly in Europe and North America — the date that clocks are changed varies.
Two states — Arizona and Hawaii — don’t change and stay on standard time.
Here’s what to know about the twice yearly ritual.
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