WILLMAR, MN (trfnews.i234.me) — The man who sued the City of Willmar and former police officer Christopher Flatten has agreed to settle his lawsuit for $50,000.
According to a news release issued by the American Civil Liberties Union (ACLU) of Minnesota on November 19, attorneys came to an agreement on November 1. The settlement was reached months after the suit was filed on behalf of Derrick Gilbert, a 39-year-old man from Willmar.
In a statement, Gilbert said: “I am happy with the settlement.”
Lead attorney for the ACLU Ian Bratlie stated: “We’re happy to have helped Derrick and sorry that he had to go through this. Black men should not have to worry about being overpoliced in our society.”
Attorney Jason Hiveley represented the City of Willmar and Flatten in the matter, stating: “There was no admission of liability or wrongdoing. We believe this is a fair and cost-effective resolution which will avoid the high cost of continuing litigation and the uncertainty of trial.”
According to the suit brought forward by lawyers with the ACLU, Gilbert was arrested for walking while Black on June 22, 2022, when Flatten arrested him, apparently mistaking Gilbert for another man named Sammy Price.
The lawsuit claimed that Flatten had simply stopped and arrested Gilbert because of his Black skin. The answer from attorneys for the City of Willmar and Flatten denied any claim of discrimination and maintained that Flatten reasonably believed the pedestrian he observed walking on June 22, 2022, was Price.
In their response to the suit, attorneys admitted that Flatten could only see the pedestrian was Black but stated that Gilbert was wearing a hooded sweatshirt with his hood up and headphones on. The ACLU argued that this would have obscured Gilbert’s face.
The ACLU wrote in its news release that at no time did Gilbert deny any lawful order from Flatten or other officers involved, and added that Gilbert had advised Flatten multiple times that he is not Sammy Price.
According to the ACLU, officers cut Gilbert’s backpack off, threatened to use a stun gun against him, and handcuffed him improperly. However, attorneys for the city and Flatten denied those allegations.
In their answer to the ACLU’s complaint, attorneys admitted that Flatten had been involved with removing Price from a property in Willmar just 10 days earlier for a trespassing complaint and agreed that Flatten had multiple prior interactions with Price but denied that Flatten knew it was the wrong man once he and Gilbert were in proximity to each other.
Gilbert was eventually identified, but he was still arrested and taken to jail. He was charged with obstruction of the legal process, which was later dismissed.
Flatten left the Willmar Police Department in April 2024 to join the Kandiyohi County Sheriff’s Office. However, after crashing a squad vehicle while on duty July 18, Flatten resigned from the sheriff’s office and his last day of service was October 7. He was convicted of fourth-degree impaired driving related to the crash.
The public search on the website of the Minnesota Board of Peace Officer Standards and Training currently shows Flatten’s license as inactive. No disciplinary actions are listed.