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The foundation of this country's creation is the United States Constitution, which specifically gives every person, regardless of race, creed, color, or ethnic origin, the right to be free from certain governmental behavior. When a government official, acting under color of law, deprives a person of his/her constitutional rights, that may well give rise to legal liability on the part of that individual and potentially his/her government employer. It is imperative, in every situation that possibly involves police (or other governmental) liability, that you immediately consult with an attorney to determine the particular type of notice, if any, that must be given to the government. Frequently a failure to give such notice will bar absolutely any claims under the pertinent tort claims/sovereign immunity act.
San Jose Police
October 29, 2009
SAN JOSE, Calif. -- The San Jose Police Department (Chief Ron Davis, pictured left) is conducting a criminal investigation into the alleged videotaped beating of an unarmed university student by two police officers during an arrest last month, a spokesman for the department said. The incident allegedly occurred on September 3, 2009 and became public when a cellphone video showing an officer apparently using a baton on a Vietnamese university student was posted on a newspaper website.Two officers, Kenneth Siegel and Steven Payne Jr., are seen on the video, police said. Two other officers were also at the scene. All four are on administrative leave.
A grainy Video shot with a cell phone by Dimitri Masouris and posted on the News website shows at least one police officer subduing the student with a baton. The San Jose State student can be heard screaming on the recording. Police had been called to a home Sept. 3 after a report that the student, Phuong Ho, was fighting with his roommate, police said. The video has prompted officials in San Jose, California, to open an investigation into the beating of 20-year-old Phuong Ho. The video shows the unarmed San Jose State student being beaten in his apartment with batons and being tasered by police officers. The math major is thought to have been hit by one officer more than 10 times. The video also seems to show that the young man was struck even after being handcuffed.According to the News, "Several experts in police force said the video appears to document excessive — and possibly illegal — force by the officers."
The department is conducting a "thorough investigation" that will be turned over to the Santa Clara County district attorney's office for review, Sgt. Ronnie Lopez said. Lopez said the department launched the investigation immediately after learning about the incident late last week. Investigators are interviewing witnesses and reviewing the posted cellphone video, along with other video. "Our investigators are reviewing this entire case from beginning to end," he said. "They want to make sure that the force used was necessary."
After the criminal inquiry is completed, Lopez said, the department's internal affairs unit will also conduct an administrative investigation to determine whether there was any wrongdoing. In addition to possible criminal charges, the officers could face discipline ranging from a formal letter of reprimand to termination. Lopez said the department also plans to review whether additional training is needed.
Ho, 20, was charged with brandishing a knife and resisting arrest, Lopez said. Ho's attorney said that his client didn't resist arrest and had brought out the knife to prepare dinner after the altercation with the roommate had ended.
Nguyen said the fight, which escalated from verbal to physical, had ended by the time the police arrived. "There is nothing to justify the use of force," Nguyen said. "We hear all the screaming and the sounds of the baton -- 'tut-tut-tut' -- against human flesh. It was very brutal." Nguyen said he planned to file a lawsuit against the city.
In a telephone interview, Ho, who arrived from Vietnam two years ago to study math and finance, said one officer pushed him against the wall of his room and hit him with his hand. Then, he said, as many as four officers began hitting him with a baton and one used the Taser on him. One baton strike, he said, occurred after he was handcuffed. Ho said he hadn't understood what the police officers wanted him to do, in part because English is his second language.
"I don't think they treated me like human," he said. "I think things need to change so this police brutality doesn't happen to other people."
See Related Blogs
«••» Police Cover-Ups: Lying is the Norm!
«••» Filing Claims Against the Government Under the California Tort Claims Act.
Remedial Resource Links
«••» U.S. Department of Justice - Civil Rights Division
«••» Federal Bureau of Investigation - Civil Rights Division
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