Dayton agrees to pay settlement to man at center of controversial 2021 traffic stop

DAYTON — The City of Dayton has agreed to pay thousands of dollars in a legal settlement regarding the use of force during the 2021 arrest of a paraplegic man.

The Dayton City Commission voted in favor of paying $125,000 to Clifford Owensby, who filed a civil lawsuit against the city less than two months after his September 2021 arrest.

>> PREVIOUS COVERAGE: Chief: Investigation concludes Dayton officers followed policy during controversial traffic stop

The city’s director of law, Barbara Doseck said the settlement includes the nearly $22,500 in cash that was seized from Owensby’s car during the incident.

“Mr. Owensby’s claims have been dismissed and there is no admission of liability by the city. While I believe that Dayton would have ultimately prevailed, litigation can be lengthy and unpredictable. I believe this settlement is in the best interests of all involved,” Doseck said Wednesday.

As News Center 7 previously reported, police stopped Owensby during a Sept. 30 investigation of a suspected drug house on West Grand Avenue after officers said they saw his car leave the house.

Body camera video obtained through a public records request by News Center 7 showed officers asking Owensby to exit his car so that K-9 officers could safely conduct an “air-sniff” search. Owensby said he could not because he was paraplegic.

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Owensby refused the officers’ offer to assist him out of his car.

“No, you’re not. No, you’re not. You’re not going to touch me,” the video showed, Owensby said.

Officers then forcibly removed Owensby from the car, handcuffed him, and drug him into a police cruiser.

An internal investigation looked into two officers’ actions during the initial traffic stop, the request for a K-9 officer “free air sniff” for suspected drugs, and the level of use of force to take Owensby into custody. The findings of those parts of the investigation were found to be in line with training and policies at the time of the stop, as News Center 7 previously reported.

The investigation did find that the officers were in violation of the department’s policies with body-worn cameras. One of the officers was also found to be in violation of the department’s standards for making an “inappropriate” comment to another officer during the traffic stop.

Both officers received a training memorandum for the violations including on the department’s policy for body-worn cameras but additional punishments were not made.

>> PREVIOUS COVERAGE: Man with disability at center of controversial police traffic stop found guilty on traffic charges

Owensby was charged with two misdemeanor traffic charges of violation of window tint and violation of a child restraint seat. He was found guilty on both counts and was ordered to pay a fine of $150 for each count.

In a statement issued following to settlement announcement, Dayton Police Chief Kamran Afzal said the department acknowledges “that this incident was distressing for everyone involved.”

“As previously announced, we will be modifying our policies and practices when removing an individual with mobility limitations from a vehicle. We are partnering with Disability Rights Ohio to develop new training so that our officers have the best tools. We are committed to evolving our policies to reflect the methods which best serve our community and the people in it,” Afzal said.

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