Bellingham settles lawsuit with former police officer injured during pursuit training

The city of Bellingham has settled a lawsuit filed by a former Bellingham Police Department officer who was injured during an emergency vehicle operations training exercise in early May 2019 for nearly a quarter-million dollars.

At its Monday evening meeting, Aug. 26, the Bellingham City Council unanimously approved a motion for Mayor Kim Lund to enter into a settlement agreement with Vahid Ghanbari. The settlement includes $225,000 in payment to Ghanbari, as well as dismissal of the suit.

The city will pay the entire settlement amount from the city’s claims and litigation fund, according to deputy city administrator Janice Keller.

“We had a police officer injured during training, and this is paying for the injury and the loss of his ability to work,” city council member Michael Lilliquist said during the Monday evening meeting.

Lawsuit filed

Ghanbari, who worked for Bellingham police for nearly 21 years, filed a civil lawsuit in late June 2022 in Whatcom County Superior Court against the city, the Bellingham Police Department, and then-Bellingham police officers Richard Alves, Joshua McKissick, Eric Osterkamp and Scott Stewart.

Ghanbari’s lawsuit claimed that during an emergency vehicle operations training held at the Bellingham International Airport on May 3, 2019, Ghanbari was injured while practicing the pursuit intervention technique, or PIT maneuver. The PIT maneuver is performed by a law enforcement officer pulling alongside a vehicle they’re pursuing and steering their vehicle into the target or suspect vehicle, causing the target vehicle to turn sideways and ultimately stop. It is used to end pursuits.

The training location at the airport includes more than 1 mile of track for officers to train and practice various techniques. The officers will reach speeds of more than 60 mph, according to a June 2024 Bellingham Police Department YouTube video on emergency vehicle training.

“Our goal with the course is to not only prepare officers for pursuits but to teach them the principles of emergency driving and provide them the opportunity to learn and refine them,” the video states.

The purpose of the May 2019 training was for officers to practice and qualify in using the PIT maneuver, according to Ghanbari’s lawsuit. Prior to practicing the maneuver, officers would complete classroom instruction that covered basic policy and a refresher on PIT techniques, court records state.

The officers were then expected to be taken outside to be shown proper positioning for the cars during the technique, followed by a demonstration conducted by instructors. The officers would then practice the technique themselves, with one officer driving the suspect vehicle, while another drove the pursuing law enforcement vehicle, according to court records.

Ghanbari’s lawsuit alleged that officers McKissick and Osterkamp were acting as instructors and failed to follow policy by instructing and allowing officer Alves to perform the technique without having first completed the classroom and demonstration portion of the training. Officer Stewart allegedly also told Alves to attempt the PIT maneuver.

During the live practice of the PIT maneuver, Alves was assigned the role of the pursuing law enforcement officer, while Ghanbari was assigned the role of the fleeing suspect.

Alves failed to position his car appropriately, causing it to collide with Ghanbari’s vehicle, which was “lifted up sideways and then slammed back onto the ground,” Ghanbari’s lawsuit claims.

The “impacts resulted in serious and long-term injuries to Plaintiff Vahid Ghanbari,” the court records state.

Ghanbari’s lawsuit said the officers, the city and police department all owed a duty to the officers involved in the training to refrain from causing harm and ensure the policies and procedures for the training were properly followed. By not doing so, all violated that duty, and as a result, were responsible for the harm and injuries Ghanbari suffered, court records state.

Ghanbari’s suit said he suffered “serious and painful injuries”, “permanent and disabling injuries,” loss of enjoyment of life, loss of income or earning capacity, and that he incurred expenses for treatment of his injuries. He sought special and general damages, as well as payment of his medical treatment for his injuries, the records show.

City, officers respond

In its August 2022 response to Ghanbari’s lawsuit, the city admitted that Ghanbari was injured during the emergency vehicle operations training in May 2019, but denied that the other officers failed to follow policy, or that they committed malfeasance or acted negligently or recklessly by allowing Alves to practice the PIT maneuver.

The city denied that it was “in any manner responsible” for Ghanbari’s injuries, and claimed it had exercised reasonable and due care in all respects relating to the training and accident. It also alleged that Ghanbari caused or contributed to his own injuries, and asked that the lawsuit be dismissed, the court records state.

In their September 2022 response to Ghanbari’s lawsuit, officers McKissick, Osterkamp, Alves and Stewart, denied that they failed to follow policy or that they acted with any negligence or recklessness during the emergency vehicle operations training in May 2019.

Similar to the city’s response, the officers claimed that Ghanbari contributed to his own injuries and that he assumed the risk that resulted in the injuries. The officers asked that any damages awarded to Ghanbari be reduced in proportion to Ghanbari’s level of fault in contributing to his injuries and that his suit be dismissed, according to court records.

No ill will

In response to questions from The Herald, Ghanbari — through his attorney, Anne Vankirk with Dubin Law Group — said he has no ill will toward the department or the officers involved in his suit, and that it was “always his honor to serve with them.”

Ghanbari worked as a career patrol officer “by choice as he loved working directly with the community,” but was unable to return to service as a result of his injuries, Vankirk said. He said he was happy with his employment, and Vankirk said he has been spoken fondly of by his colleagues and the community.

“He loved his job so much that he had hoped to remain in the force up to and beyond the standard retirement age. Unfortunately, he was not able to do so due to the injuries he received from a situation that we believe was wholly preventable,” Vankirk said in an emailed response to The Herald. “While a settlement does not undo pain, lost time, and fundamental changes in his life, Mr. Ghanbari is finally able to close this chapter and move forward.”

“He and his family are happy to be able to move forward past this incident,” Vankirk added.

In response to questions from The Herald, the city said Ghanbari completed his normal shift following his injury before going on leave. He then returned to full duty from Nov. 2019 through January 2021, but was then unable to continue and fully return to service due to his injuries. He medically separated from the department June 1, 2022, according to Keller, with the city.

While workplace injuries are normally limited to Labor & Industries claims, police and firefighters are allowed to sue their employers for negligence, Keller said.

“The settlement agreement pertains to officer Ghanbari’s on-the-job injury, which occurred while practicing a PIT maneuver at the emergency vehicle operator’s training in May 2019. It is an unfortunate situation, and we hope the settlement provides closure for him and others involved,” Keller said.

In addition to training received at the basic law enforcement academy, all Bellingham police officers undergo annual training taught by certified instructors, Keller said. The training covers the principles of emergency driving, and provides opportunities for officers to “develop and refine their skills during reality-based scenarios,” she said.

“We are committed to providing officers with a high level of training on an ongoing basis, so that they can respond to emergencies in our community in the safest manner possible,” Keller said. “Although driving can be a routine part of every officer’s shift, it is also statistically one of the most dangerous things that they do as part of their work.”

All but one of the four officers named in Ghanbari’s suit are still with the department. McKissick and Osterkamp are currently sergeants, while Alves is a crime scene investigator. Stewart, who was a traffic officer, has since retired from the department, according to Keller.

The officers declined to comment on the settlement through their attorney, Shane Brady, with Simmons Sweeney Freimund Smith and Tardif.