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Murphy – Parties involved in a federal civil lawsuit stemming from the December 2022 SWAT raid at a Bear Paw residence have released statements following a settlement in the case.
Cherokee County government was first to announce the settlement in wide release, stating that a $10 million settlement was reached, with half to be paid by Cherokee County’s insurer less a $5,000 co-pay, and the Eastern Band of Cherokee Indians to pay the other half.
J. Harley Kloepfer – who, with his wife Alison Mahler, sued Cherokee County Sheriff Dustin Smith and Cherokee Tribal Police, among others – has not released a formal statementand deferred to his local lawyer, Beverly Cook, who did not return a call from the Cherokee Scout. However, Kloepfer has been active on social media about the settlement.
Cherokee Tribal Police, which did not respond to requests for comment from the Scout following the announced settlement, released a statement via the tribe-owned newspaper, the Cherokee One Feather.
Cherokee County Sheriff Smith also released a statement about the case.
On his Facebook page, Kloepfer said, “Well the cat’s out the bag and we are the highest financial accountability in N.C. for police brutality. We’re sorry to everyone that was counting on us to go all the way we just couldn’t do it anymore.
“We had people following, causing mayhem and I believe were trying to set us up again. Not to mention we are over 250k in debt now and all our family and friends are wiped out from helping us survive this nightmare. Stayed tuned for the fairy tale ending we will have with close childhood friends that we will be building a 100 acre atv, motorcycle and firework compound with.”
The One Feather released statements about the settlement and one about the Scout’s initial coverage.
“The county government of Cherokee County, North Carolina, and the Cherokee Scout newspaper, have recently reported that the case of Kloepfer & Mahler v. Cherokee County Sheriff’s Department, Eastern Band of Cherokee Indians, et al. filed in Federal District Court in Case No. 1:23-CV-158, and the companion case filed in Cherokee Tribal Court in Case No. CV23-619, have been settled,” according to the statement. “This is not entirely accurate. Settlement is likely but has not been completed.
“As reported, the likely settlement amount is $10 million, split evenly between the insurers for the defendants. The settlement will result in the dismissal of both lawsuits and all claims against all parties. A decision by the Tribe’s insurers to settle the claims against the Tribe and its law enforcement officers reflects the careful consideration of many factors. It is not an admission of liability, fault or wrongdoing. The Tribe supports our officers who daily risk life and limb in the performance of their duties.
“The Tribe is not being asked to contribute any of its own funds to the settlement, and Tribal leaders have been steadfast in their opposition to such a request. Since the settlement will not involve the expenditure of funds from the Tribe’s treasury, the Tribe is not required to independently approve the settlement,” according to its statement.
Smith sent a statement to a Georgia television station about the settlement.
“The Cherokee County Sheriff’s Office is pleased to be closing this incident with no impact on the taxpayers of Cherokee County. We look forward to being able to provide a comprehensive narrative to this incident in the near future to give the citizens a better understanding of the complex events of that morning,” the statement reads.
“The citizens of Cherokee County entrust this office with the duty and obligation of protecting them. We intend on always doing so and ensuring we only ever utilize the least amount of force necessary while doing so.”