By Steven T. Jones

A federal court stenographer whose arm was badly broken by a San Francisco police officer aggressively swinging his riot club at peaceful antiwar protesters on the first full day of the Iraq War – an incident captured on a videotape that showed the official police report to be false – is in line to receive $835,000 from the city in one of the biggest police brutality settlements in city history, and more than most shooting victims have received.

The Board of Supervisors was scheduled to approve the settlement at its Jan. 11 meeting after the Bay Guardian went to press. The tape, which we reviewed last spring (see "The Home Front," 5/19/04), shows Officer Anthony Nelson making three hard swings at protesters who were backing away. The first missed, the second shattered Linda Vaccarezza's left forearm, and on the third, he swung so hard that he dropped the club and nearly fell over.

"This was an extraordinary case because the plaintiff suffered an injury that directly impinged on her ability to perform her job as a court reporter," said Matt Dorsey, a spokesperson for the City Attorney's Office. "She had a credible wage-loss claim that was significant."

Vaccarezza attorney Jean Hyams told us that her client was one of the top court reporters in San Francisco in terms of speed and accuracy but that she couldn't even turn her hand down for more than a year after the incident and has yet to return to work full time, now almost two years later.

"Our client was horrendously injured for no justifiable reason," Hyams said.

The Office of Citizen Complaints filed charges against Nelson for the incident, accusing him of making a false police report (he wrote that Vaccarezza had charged him with a "solid wooden pole" and that he feared for his safety) and unnecessary force. That complaint was scheduled to be heard by Police Commissioner Peter Keane on Jan. 11 after press time.

"It's extremely important to Linda that this officer receive some kind of discipline," Hyams said. "It's not just about the money."

Police officials wouldn't comment on the case, and Nelson attorney Leland Davis couldn't be reached. Following its investigation, the department had recommended a 30-day suspension for Nelson, which the Police Commission rejected in October, presumably preferring a stiffer punishment.

Police watchdogs say punishing problem officers is as important as paying damages to victims.

"I think it's important when the police are involved in brutality for the city to hold itself responsible," said Malaika Parker of Bay Area Police Watch. "But it's absolutely necessary that when something like this happens, particularly when it is caught on videotape, that something happens [to the officer]. Winning a monetary gain is not the same thing as disciplining officers. They have not disciplined even officers who have killed people, and that's a problem."

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