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Lafayette finalizes settlement in wheelchair-pushing incident involving police officer

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LAFAYETTE, Ind. (July 2, 2015) -- The city of Lafayette officially settled a case involving a police officer who pushed a man in a wheelchair during an October 2013 incident.

The city announced Thursday that the settlement, reached with help from a mediator, resolved the lawsuit involving Nicholas Kincade and Lafayette police officer Thomas Davidson.

The city agreed to pay an undisclosed amount of money to Kincade. In exchange, he's agreed to drop the lawsuit and absolve the city and Davidson from all liability.

The 2013 incident, captured on dash cam, showed Davidson pushing over Kincade, causing him to fall out of his wheelchair. Police argued that Kincade ran into the officer before it happened. Video of the incident surfaced as a result of a Freedom of Information Act request.

Kincade was originally arrested on a count of battery, but the charge was later dropped. He claimed the incident left him injured and caused damage to his wheelchair. He sued, alleging Davidson violated his constitutional rights and the Americans with Disabilities Act.

Davidson was suspended and demoted as a result of the incident. Lafayette’s police chief had recommended his termination.

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