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SDPD under the influence of power?
Officer Laura Smith hit with second lawsuit within three-year period
A San Diego police officer has been slapped with a second lawsuit in the span of three years for using excessive force.
On January 13, 2016, Whitney Mathis filed a lawsuit against the City of San Diego and officer Laura Smith for multiple injuries she claims to have suffered after her boyfriend was pulled over by Smith's partner for allegedly driving under the influence.
According to the complaint, Mathis's boyfriend, Richard Williams, was driving Mathis home after a night out. Williams pulled into their parking spot at the couple's University Heights apartment. Moments after parking, SDPD officer James Zirpolo flashed his lights indicating a traffic stop. Zirpolo ordered Williams out of the car and asked if he would be willing to undergo field sobriety tests. Williams refused and was placed in handcuffs. Mathis began protesting the arrest, telling the officer that the couple had already arrived home and did not need to be arrested.
Whitney Mathis
Officer Laura Smith approached, allegedly grabbing Mathis and slamming her against the hood of the car. Mathis began to cry. Smith's partner, officer Larry Howell, then reportedly punched her in the face. The blow sent Mathis back, her head hitting the concrete. Mathis was thrown into the back of a police cruiser and transported to Las Colinas Detention Facility. She was later released and not charged with any crime.
The City of San Diego must now defend Smith in another excessive-force claim.
Similar accusations were made against Smith and a fellow officer following a November 2012 incident.
During that incident, Smith and officer Bruce Porterfield responded to an alleged domestic disturbance call. A resident had called police after his neighbor attempted to run him over before parking. Upon arriving at the scene, the resident informed officers that he and his neighbor, José Rios, had a longstanding feud.
The officers, including Smith, went to Rios’s apartment to get his side of the story. While inside, Rios denied trying to run over anyone. After more questions, Rios asked his 12-year-old son to record the interview with the officer on his iPad.
Officer Porterfield allegedly became upset and grabbed Rios and placed him in handcuffs. Rios’s wife, Elba, stood up and told the officer to let her husband go. She told the officer that he was diabetic and needed his medication. Officer Smith reportedly pushed Elba Rios down; because she had trouble understanding English, she asked to call the apartment manager. She dialed the number and told him, "The police is here and I don’t know what is happening.” Seeing Rios on the phone, Smith allegedly grabbed her again and threw her to the other side of the room.
José and Elba Rios were arrested and later sued the officer and the city.
In October 2015, a judge denied a motion filed by city attorneys to dismiss the case under qualified immunity, which protects government workers from civil suits while performing their duties.
"[There remains] genuine issues of material fact as to whether Mrs. Rios willfully delayed or obstructed Officer Smith," reads the October 2015 ruling by United States district judge Janis Sammartino.
"For example, Officer Smith told Mrs. Rios to '[g]o inside, go inside' when Mrs. Rios went to the door to see what was happening to her husband outside, but even Officer Smith admits that Mrs. Rios never actually exited the apartment. Additionally, Officer Smith yelled at Mrs. Rios, 'Get off the phone. Get off the phone,' but Mrs. Rios explained to Officer Smith in advance that she needed to call somebody to help her understand what was going on. It does not appear that Mrs. Rios’ actions of coming to the window or attempting to call somebody to translate for her in any way obstructed the arrest of Mr. Rios.
"Additionally and as discussed above, because there remain genuine issues of material fact as to whether Officer Porterfield had probable cause to arrest Mr. Rios under Section 245, there remain genuine issues of material fact as to whether Mrs. Rios was lawfully arrested under Section 148."
According to Joseph McMullen, the Mathises’ attorney, Smith remains on active duty. McMullen believes that the department is responsible for adopting a clear policy on the use of body cameras in order to ensure that rogue cops don't remain on the force.
"What Sergeant Powell and Officer Smith did to Whitney is outrageous and inexcusable. It is time for us to implement a policy that all officers must wear body cameras to record every interaction with the public."
Both cases will make their way through the federal courts.
Here's something you might be interested in.
SDPD under the influence of power?
Officer Laura Smith hit with second lawsuit within three-year period
SDPD under the influence of power?
Officer Laura Smith hit with second lawsuit within three-year period
A San Diego police officer has been slapped with a second lawsuit in the span of three years for using excessive force.
On January 13, 2016, Whitney Mathis filed a lawsuit against the City of San Diego and officer Laura Smith for multiple injuries she claims to have suffered after her boyfriend was pulled over by Smith's partner for allegedly driving under the influence.
According to the complaint, Mathis's boyfriend, Richard Williams, was driving Mathis home after a night out. Williams pulled into their parking spot at the couple's University Heights apartment. Moments after parking, SDPD officer James Zirpolo flashed his lights indicating a traffic stop. Zirpolo ordered Williams out of the car and asked if he would be willing to undergo field sobriety tests. Williams refused and was placed in handcuffs. Mathis began protesting the arrest, telling the officer that the couple had already arrived home and did not need to be arrested.
Whitney Mathis
Officer Laura Smith approached, allegedly grabbing Mathis and slamming her against the hood of the car. Mathis began to cry. Smith's partner, officer Larry Howell, then reportedly punched her in the face. The blow sent Mathis back, her head hitting the concrete. Mathis was thrown into the back of a police cruiser and transported to Las Colinas Detention Facility. She was later released and not charged with any crime.
The City of San Diego must now defend Smith in another excessive-force claim.
Similar accusations were made against Smith and a fellow officer following a November 2012 incident.
During that incident, Smith and officer Bruce Porterfield responded to an alleged domestic disturbance call. A resident had called police after his neighbor attempted to run him over before parking. Upon arriving at the scene, the resident informed officers that he and his neighbor, José Rios, had a longstanding feud.
The officers, including Smith, went to Rios’s apartment to get his side of the story. While inside, Rios denied trying to run over anyone. After more questions, Rios asked his 12-year-old son to record the interview with the officer on his iPad.
Officer Porterfield allegedly became upset and grabbed Rios and placed him in handcuffs. Rios’s wife, Elba, stood up and told the officer to let her husband go. She told the officer that he was diabetic and needed his medication. Officer Smith reportedly pushed Elba Rios down; because she had trouble understanding English, she asked to call the apartment manager. She dialed the number and told him, "The police is here and I don’t know what is happening.” Seeing Rios on the phone, Smith allegedly grabbed her again and threw her to the other side of the room.
José and Elba Rios were arrested and later sued the officer and the city.
In October 2015, a judge denied a motion filed by city attorneys to dismiss the case under qualified immunity, which protects government workers from civil suits while performing their duties.
"[There remains] genuine issues of material fact as to whether Mrs. Rios willfully delayed or obstructed Officer Smith," reads the October 2015 ruling by United States district judge Janis Sammartino.
"For example, Officer Smith told Mrs. Rios to '[g]o inside, go inside' when Mrs. Rios went to the door to see what was happening to her husband outside, but even Officer Smith admits that Mrs. Rios never actually exited the apartment. Additionally, Officer Smith yelled at Mrs. Rios, 'Get off the phone. Get off the phone,' but Mrs. Rios explained to Officer Smith in advance that she needed to call somebody to help her understand what was going on. It does not appear that Mrs. Rios’ actions of coming to the window or attempting to call somebody to translate for her in any way obstructed the arrest of Mr. Rios.
"Additionally and as discussed above, because there remain genuine issues of material fact as to whether Officer Porterfield had probable cause to arrest Mr. Rios under Section 245, there remain genuine issues of material fact as to whether Mrs. Rios was lawfully arrested under Section 148."
According to Joseph McMullen, the Mathises’ attorney, Smith remains on active duty. McMullen believes that the department is responsible for adopting a clear policy on the use of body cameras in order to ensure that rogue cops don't remain on the force.
"What Sergeant Powell and Officer Smith did to Whitney is outrageous and inexcusable. It is time for us to implement a policy that all officers must wear body cameras to record every interaction with the public."
Both cases will make their way through the federal courts.
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