Former Black Panther leader awarded $3.75M over 2015 dust-up with Oakland councilwoman
OAKLAND »
A jury returned a verdict Thursday afternoon that awards former Black Panther leader Elaine Brown $3.75 million in a civil lawsuit filed against the city of Oakland and Councilwoman Desley Brooks.
Brown claimed in her lawsuit, filed in 2016, that Brooks unleashed “a tsunami of criminal … violent conduct” against her during an alleged assault on Oct. 30, 2015, and that the city has ignored Brooks’ propensity for violent outbursts.
The lawsuit filed in Alameda County Superior Court stems from an altercation between the two prominent Oakland figures inside Everett & Jones Barbecue, a restaurant near Jack London Square popular with city leaders. Brown, 74, claimed she was injured when Brooks, 56, shoved her at the restaurant, causing her to fall.
A jury’s verdict Thursday awarded Brown millions in noneconomic damages. The trial for punitive damages is set for Jan. 8.
Although Brown filed a police report more than two weeks after the incident, the District Attorney’s Office declined to file criminal charges against Brooks, citing conflicting statements and insufficient evidence.
The jury in the civil lawsuit on Thursday, however, agreed that Brown suffered from elder abuse and battery, and found there was negligence on the part of Brooks and the city of Oakland.
They agreed unanimously that Brooks was acting within the scope of her employment as a city employee.
The jury awarded Brown $2.4 million in past losses including physical and mental pain, and $1.35 million in future losses, for a total of $3.75 million. The city, representing Brooks, will be required to pay the full amount, said Brown’s attorney Charles Bonner.
“She’s extremely grateful for this jury of her peers,” Bonner said Friday.
Alex Katz, spokesman for the city attorney’s office, said that the city cannot comment because the case is still pending.
Brooks did not respond by phone or email by press time.
When the trial resumes in January, Bonner said they will ask for “an appropriate amount” to send a message that older citizens should not be bullied.
“This jury has spoken very loudly that we must protect the elderly,” he said. “This kind of behavior must be protected.”
According to Brown’s account in the lawsuit, the confrontation erupted over housing for Oakland’s black community.
Brown went to the Broadway barbecue joint to celebrate the filing of a $2.1 million funding application with the city for a West Oakland affordable rental housing project.
Already at the restaurant were Brown’s colleague, Len Turner, restaurant owner Dorothy King, and Brooks sitting at a table near the bar.
Brown called the application filing a “victory.” Brooks allegedly shot back, arguing the black community needs homes to buy instead of apartments to rent.
“It is of no benefit to black people,” the lawsuit claims Brooks said. She allegedly also threatened to get the application withdrawn.
Later, the suit claims, Brooks followed Brown to another part of the restaurant and shouted “say it again,” a possible reference to Brown’s “victory” statement.
Brown then criticized Brooks, according to the lawsuit, bringing up Brooks’ record as a federal prosecutor and saying she put African-American people in jail.
Brown also criticized Brooks’ role in the police shutdown of Occupy Oakland and her support for the transport of coal through West Oakland.
“You are all talk,” Brooks allegedly responded. “I have not moved on you before because you’re old. But now I am tired of your bull—.”
As King called for them to stop, Brown claims, Brooks shoved her, causing her to fall “headover-heels” into a stack of chairs.
Brown claimed she suffered bruises to her legs and left arm and had a lump on her head and pain in her right shoulder.
David DeBolt contributed to this report. Contact Angela Ruggiero at 510-293-2469.