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An Oregon rider who got kicked in the chest by an Oregon state policeman following a traffic stop was awarded more than $180,000 in damages by a federal jury this month. Dash-cam video of the Oregon State Police Capt. Rob Edwards subduing rider Justin Wilkens in the Aug. 3, 2012 incident assisted the eight-member jury in returning a verdict that supported Wilkens’ claim that excessive force was used.
Wilkens was riding west of Eugene when he passed Edwards, who was driving an unmarked Camaro. Edwards gave chase. The video shows a speeding Wilkens passing two other vehicles in no-passing zones before Edwards came up behind the biker at a stop sign and tagged the rear end of motorcycle. Wilkens toppled over, got up and was confronted by Edwards, who had his gun drawn. Edwards then kicked Wilkens in the chest.
Wilkens suffered a broken collarbone, a fractured rib and other injuries. The Oregon rider testified that he was unaware that he was being pursued by state police as the car was unmarked and he did not see the red-and-blue flashing lights embedded in the grill of the Camaro, and that his helmet impaired his ability to hear the cop car.
“The Register-Guard” newspaper reports, “The jury awarded Wilkens more than $31,000 in economic damages to reimburse his medical expenses and motorcycle repair bills; $100,000 in noneconomic damages for his injuries, pain and suffering; and $50,000 in punitive damages. Wilkens’ attorney, Lauren Regan of Eugene, said the award of punitive damages signals that the jury felt Edwards used ‘malice’ in dealing with Wilkens.”
The full story on the Jan. 14 verdict is posted here. Here’s the video:
There was no sound because the cop never turned on his sirens. No wonder why the bike didn’t pull over. Plus the lights are in the grill of that unmarked car.
The jury felt Edwards used ‘malice’ in dealing with Wilkens. Ya think. Still the award seems a bit excessive. Wilkens appears to have been traveling very fast to have covered that much ground before stopping at the intersection. Plus he says with his gear he did not see the police lights nor ” hear the cop car.” Not very safe riding in my opinion.
Motorcyclists can be considered to be just another minority community that’s abused by the thugs in blue.