HUNTSVILLE, Ala. (WHNT) – Thursday, Huntsville’s city council voted to allow City Attorney Trey Riley to settle a lawsuit alleging that a STAC investigator from Huntsville Police Department hit a detainee.

The lawsuit, “Vance Derrick Stone v. City of Huntsville, et al,” alleges officer Anthony McElyea struck Vance Stone while he was waiting to be taken to the hospital post-arrest. It was settled for $15,000.

“At some point while waiting to be transported to the Hospital, Defendant McElyea struck/slapped Plaintiff Stone in the mouth with an open hand causing Stone to bleed and his mouth was thereafter swollen,” the lawsuit reads. It goes on to allege Stone was slapped while handcuffed and seated, and that a witness submitted an HPD Internal Affairs report detailing that McElyea, “advised them to turn away while he struck Vance.”

We spoke with Stone’s attorney, Martin Weinberg, last February. In that interview, he told us, “There’s a constitutional protection against force that’s unreasonable. There was no indication there was resisting of arrest.”

Stone was arrested February 6, 2014 on drug charges. Weinberg acknowledged that during the interview, and further revealed Thursday that Stone pleaded guilty to a drug charge he faced from that arrest. He has now been released after serving a short jail sentence. But Weinberg maintains that even though Stone committed a crime for which he was being arrested, he still has civil rights.

“Just because people are inmates or detainees, doesn’t mean they give up their rights to not be hit, struck or injured,” he explained in the February interview.

We spoke with Weinberg Tuesday, and he said they are pleased by the settlement. Meanwhile, Huntsville City Attorney Riley has no comment, because he says the settlement has not yet been finalized in court. We attempted to contact McElyea’s attorney by email Thursday night after the council vote, but have not heard back.

An HPD spokesman confirms McElyea is still employed by the department.

The city of Huntsville, and Madison County, were originally named in the lawsuit but they were eventually removed as defendants.