The Metropolitan police have paid damages to an innocent black teenager who was stopped and searched, handcuffed, ordered to kneel in the street, and allegedly had a Taser gun pressed to his neck.
Jamar Powell, who was 16 when the incident happened, said he thought he was going to die, surrounded by officers – some holding firearms – and with a Taser aimed at him.
He said that before the stop, in September 2020, he had been targeted by police for stop and search 15 times, and this targeting had continued, now adding up to at least 30 times.
He sued the police, who settled last week before a full trial, agreeing “substantial” damages, with the Met also paying legal costs, estimated to run into at least tens of thousands of pounds. It is believed that the Met police did not admit liability.
The incident in Greenwich, south-east London, has led to two officers facing disciplinary action. One faces a gross misconduct charge for use of force and alleged discrimination, another for alleged misconduct.
Police say they were responding to reports that a man armed with a machete and wearing an “all black tracksuit with hood” was threatening people, according to the police radio traffic that night. Powell was not wearing dark clothing, nor a hood, but some of his friends were. As well as officers with Tasers, armed officers with guns attended. Powell had been walking at about 11pm with three black and one white friend. All were let go after being searched.
The black teenagers were searched but the white teen was not until later, and in the interim he filmed the incident on a mobile phone camera, legal documents from Powell and the Met, seen by the Guardian, show.
Powell sued for false imprisonment, assault and battery, direct discrimination, racial harassment, and breaches of the Human Rights Act, all denied by the Met.
The claim submitted by Powell’s lawyers alleged: “A male officer pointed a Taser at the claimant, so that the red light went on to his neck. Officers shouted at the claimant to put his hands above his head, which he did. Officers shouted at the claimant to turn around and get down on his knees, which he did.
“The … officers shouted at the claimant not to make any sudden movements. The claimant remained still in a kneeling position with his hands on his head.
“Immediately after being told not to make any sudden movements, [the] claimant felt something cold touch the back of his neck, which he believed to be a Taser or gun; one of the … officers had placed his Taser on the claimant’s neck.
“The claimant was handcuffed to the rear and searched whilst on his knees on the wet road.”
The legal claim alleged: “That detention, of a child, was coerced by the threat of Tasers and firearms and the use of handcuffs. It accordingly amounted to a deprivation of liberty … The claimant asked for an adult to be present but was ignored.”
In their legal response filed in court, the Met said: “[The officers] believed that it was necessary to detain the claimant to prevent him from leaving the scene, to allow them to carry out a search of those matching the description and of those to whom the weapon could have been passed.
“The claimant seeking to walk away from the officers increased their risk assessment of the potential threat posed by the claimant. The officers feared for the safety of themselves, their colleagues, the claimant and the public. Those beliefs were objectively reasonable in all the circumstances.”
Footage of the incident from officers’ body-worn video cameras has since been deleted.
Powell told the Guardian: “I felt my life might be taken away from me. I thought they might kill me. They were telling me not to move, then telling me to interlock my fingers. There was a lot happening. I was scared for my life. It was not long after George Floyd.”
Stop and search is a longstanding flashpoint between the Met and the communities it serves. Jamar, now 19, said: “Most of my interactions and experiences of them are negative. It has become a normality.”
He complained to the Met, who found nothing wrong. His solicitor then complained to the Independent Office for Police Conduct.
An IOPC spokesperson said: “In May 2022, we concluded our investigation and decided one officer had a case to answer for gross misconduct for their use of force and alleged discrimination and a second officer had a case to answer for misconduct for their involvement in the stop and search.”
The Met said the officer facing a claim of discriminatory behaviour was continuing to serve on restricted duties.
Jamar suffered psychological injury from the incident and prosecutors have been asked to consider a potential criminal charge by the IOPC.
The IOPC said: “We determined there was an indication a criminal offence may have been committed by one of the officers and confirmed we would be making a referral to the CPS for a charging decision for assault occasioning actual bodily harm.”
Powell’s solicitor, Eva Luna Roszykiewicz, said Powell was pleased to receive “substantial compensation and an apology” but three years on was still waiting for accountability from the Met: “If the commissioner is serious about his stated aim to root out racism and other cultural issues within the MPS [Metropolitan police service], he needs to look carefully at how his own lawyers and complaints department are responding to cases such as Jamar’s and the role they can play in delaying, and in many cases preventing, victims of police misconduct from achieving the accountability they deserve.”
A Met police spokesperson said planned disciplinary hearings restricted the force’s ability to comment, but added: “During the search, Taser was drawn and one boy was red-dot challenged, however, Taser was not discharged. We recognise that this would have been a frightening experience for the teenage boy.
“We will be speaking to local community groups about the incident and the police response to reassure them.”
The Met added: “We will be apologising to the boy and his family and the Metropolitan Police Service has settled a civil claim.”
