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News briefs from California's Central Coast - civil trial against SBSD |
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Written by Administrator
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Thursday, 16 December 1993 |
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Posted on Tue, Dec. 16, 2003
News briefs from California's Central Coast
Associated Press
SANTA BARBARA, Calif. (AP) - The civil trial in a police brutality lawsuit may be moved to federal court in Los Angeles.
City attorneys want the $5.6 million case filed by James Begg, 38, transferred out of Santa Barbara Superior Court. Begg allegedly suffered a punctured lung and broken ribs when he was arrested in May 2001.
City Attorney Dan Wallace would only say the reason for moving the trial were "strategic."
It is not unusual to request cases alleging civil rights violations to be heard in federal court, according to attorney Bruce Praet, the city's co-counsel. Begg's attorney Dennis Merenbach said he was angry that the city wants to move the trial.
"They made a decision that this case should be sent down to Los Angeles so they could avoid the scrutiny of the citizens of this community," the lawyer said, adding he will fight the city's motion.
Deputy Chief Rich Glaus said the department is not trying to avoid public examination.
"The Police Department never has fear of scrutiny from our local public," he said. "We've always considered ourself to be a very open and honest organization. We recognize that all the facts of this case will eventually be reviewed by the public in some fashion."
A Police Department investigation concluded Officer Ted Symond and Reserve Officer Chris Payne used an acceptable level of force in arresting Begg. The U.S. Attorney General's Office came to the same conclusion.
Begg allegedly became combative as they tried to arrest him on a felony warrant after he did not turn himself into county jail to serve a sentence for perjury. When pepper spray failed, the officers said they were forced to used their batons to subdue Begg.
The lawsuit claims Begg was struck more than 147 times over an eight-minute period. Begg is serving a prison sentence on the perjury conviction at the San Luis Obispo Men's Colony.
Source: http://www.mercurynews.com/mld/mercurynews/news/local/7504564.htm?1c
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