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City Council OKs settlement with woman in SWAT raid altercation

CHARLESTON, W.Va. -- Charleston City Council members approved a settlement Monday night for a woman who claimed in a lawsuit that a Charleston Police SWAT officer kicked her repeatedly and fractured several of her ribs during a 2010 raid.

The settlement sets aside $48,000 for Ludie Perdue in her lawsuit against the city. Members approved the settlement during council's regular meeting.

Perdue's lawsuit alleges that in October 2010 a SWAT officer, who is identified in court documents only by the last name "Kapeluck," was part of a 10-man search warrant raid at the Charleston home of Perdue and her sons, Joshua and Joseph, on 1031 Aspen Road.

Search warrants had been issued for Joshua and Joseph Perdue on charges of entering without breaking and also on receiving and transferring stolen goods. Ludie Perdue also had a warrant for receiving or transferring stolen goods, but according to a SWAT deployment report, the team's primary targets were Joshua and Joseph Perdue.

At about 10:30 a.m., the team broke into the home by using a tool to disable the door's lock cylinder, and then set off a flash-bang grenade near the point where the team entered the home.

When the officers swept the second floor, Kapeluck saw a woman dive behind some furniture, the report states.

The report says that "the female did not resist but would not comply with commands to place her hands behind her back," and that "her hands had to be physically moved to a position suitable for handcuffing by ... Kapeluck."

According to the lawsuit, while the woman, identified as Ludie Perdue, was on the floor, the officers kicked her repeatedly and fractured several of her ribs. She was not arrested or charged during the raid.

The lawsuit alleges that the officers did not announce their presence before breaking down Perdue's door.

The settlement authorizes Mayor Danny Jones to "execute any documents necessary to consummate the full settlement and dismissal of the pending civil actions in exchange for a full release by the Plaintiff of all claims" stemming from the October 2010 incident.

Also during the meeting, council member Jack Harrison introduced a bill to transfer the pending sale of Suddenlink Communications to the buyer, Nespresso Acquisition Corp.

Charleston City Council unanimously approved a five-year cable television franchise deal with Suddenlink on Nov. 21, 2011. The company was purchased in July for $6.6 billion.

The bill was moved to the council committee on cable television for approval.

Reach Travis Crum at travis.crum@wvgazette.com or 304-348-5163.

 


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