06/06/2011 06:33 pm ET Updated Aug 06, 2011

Settlement Would Be The Second Largest This Year For Police Brutality, If Council Approves

Last year Tyler Mustard filed a federal lawsuit against the city and county of Denver and Officers Michael Morelock and Kimberly Thompson, claiming he was beaten without provocation and endured false charges that he assaulted an officer.

The Denver City Council is now considering a $117,500 settlement tonight which, if agreed upon, would be the second largest settlement in two months for Denver Police brutality. The largest payout was for Alexander Landau, who received one of the highest settlements in Denver's history of $795,000 was beaten by police after making an illegal left turn.

In Mustard's lawsuit, he claims he was beaten by Officer Morelock without provocation. According to Denver Daily News, Morelock has a history using excessive force including 21 cases in his first two years with the department and was suspended with pay after the incident. Mustard also claims that Morelock lied about being hit during the arrest.

Mustard sustained significant injuries from being beaten with a flashlight and baton in 2008, including head injuries and a collapsed lung, because he was suspected in the spray-painting of a van. Prosecutors charged Mustard with assaulting a a police officer, but a Denver judge dismissed the case and the Denver District Attorney's office did not prosecute Morelock.

According to Denver Daily News, the city has paid $8.2 million in police and sheriff’s department settlement cases since 2006.