Fort Collins settles for $300,000 with former college student whose forceful arrest was seen in viral video
The City of Fort Collins will pay a former Colorado State University student $300,000 after seven years of battling her lawsuits in court. Michaella Surat agreed to the settlement seven years after her forceful arrest in Old Town Fort Collins; an arrest that went viral on social media nationally.
Surat's lawyer, David Lane, admitted his client committed an arrestable offense but says she didn't deserve the level of force that was used on her in 2017.
Lane said Surat, 22 at the time, was arrested for intervening in an investigation in which her boyfriend was involved. Officers told her she was free to leave, but her boyfriend was not. When she refused to leave the scene of the investigation, an officer grabbed her arm to place her under arrest.
"(The officer) grabbed her. She instinctively pulled away," Lane said. "She never struck him, she never made any over-hostile move. She was simply scared and trying to pull away. He grabbed her by the back of the neck and flung her to the pavement."
Surat said she received a concussion as a result of the maneuver used against her.
She retained legal counsel and filed a lawsuit against Fort Collins Police Services claiming excessive force. Her main source of evidence was a video recorded by a passerby who was visiting the nearby Bondi Beach Bar.
The lawsuit made its way to the court of appeals and back.
"Fort Collins fought it and fought it and fought it," Lane said.
Fort Collins police, at the time, had claimed the officer's use of force was per their department training, and that the tactic is used to detain individuals no matter their age or size when legally warranted.
"Officers, under the constitution, are allowed to use as much force as is reasonably necessary to neutralize someone that they are trying to neutralize," Lane said. "(Surat) weighed about 110 (pounds), he weighs about 220. It is a gross example of excessive force. Michaella Surat was guilty of resisting arrest. She was on probation for that as a result of this incident. She was held accountable. Fort Collins refused to take accountability for years until finally, the handwriting was on the wall."
Fort Collins has now agreed to pay Surat $300,000 in a settlement. But, FCPS Chief of Police Jeff Swoboda said that was not the city or agency admitting any wrongdoing.
"This settlement is a situation where we chose to avoid the continued expense and ongoing disruption of litigation that has ensued over the past seven years and was unlikely to be resolved even after the scheduled District Court trial," Swoboda said via written statement to CBS News Colorado's Dillon Thomas.
The agency, via a statement, noted that Surat was convicted of obstruction by a jury for her role in the investigation that night. They also said the officer involved is a respected member of the agency and community who continues to work for the agency, now serving in the Criminal Investigations Division.
Swoboda said the agency always reviews prior interactions with the community to learn and the agency adjusts its practices when necessary. However, it was not made clear whether or not the agency made any direct changes to its use of force training when it comes to Surat's specific case.
CBS News Colorado requested an interview with Surat. However, Lane said she has since moved out of Colorado and moved on in her life.
