Judge refuses to dismiss lawsuit over
SPD officer's remark
Ruling in a case that
has roiled the city, a federal judge on Thursday denied a request by city
attorneys to dismiss a civil-rights lawsuit stemming from a Seattle police
officer's threat to beat the "Mexican piss" out of a Latino man
during a robbery investigation in 2010.
U.S. District Judge
Ricardo Martinez in Seattle found that excessive-force claims may be raised at
trial regarding the actions of the officer, Shandy Cobane, and another officer
at the scene, which were partly captured on videotape by a freelance
videographer.
With other officers
surrounding Martin Monetti Jr., Cobane stepped "forcefully" on the
hand of Monetti and pressed for about 20 seconds after Monetti moved a hand
while prone on the ground, Martinez wrote.
Officer Mary Woollum
then "forcefully" stepped on Monetti's right calf, Martinez added.
"At no time
while lying prone on the ground were the suspects searched for the weapons in
question," Martinez wrote in a 13-page order.
"The officers never attempted to handcuff the plaintiff despite numerous
officers surrounding him throughout the incident. A few moments later, the
plaintiff was lifted from the sidewalk and ultimately released."
Martinez also ruled
that Monetti may pursue a discrimination claim against Cobane for saying,
"Keep your [expletive] head on the ground. Don't you start. You got me?
I'll beat the [expletive] Mexican piss out of you, homey. You feel me?"
Monetti "has
provided direct evidence of discrimination" as to Cobane, who was a gang
detective when the April 17, 2010, incident occurred before being demoted and
suspended for 30 days for the remark.
The incident sparked
community outrage, with Mayor Mike McGinn and Police Chief John Diaz denouncing
Cobane's remarks and promising that racially charged language would be a firing
offense going forward.
But in an argument
that has angered community groups and the city's minority leaders, city
attorneys argued that Cobane used the language as a control tactic and not to
offend, while acknowledging the "Mexican piss" remark was
unprofessional.
Cobane's comment had
"no appreciable discriminatory effect," according to the city.
In his ruling,
Martinez dismissed a discrimination claim against Woollum, finding her conduct
wasn't linked to Cobane's comment.
He also set aside
Monetti's claim of negligent infliction of emotional distress, concluding that
Monetti had not shown a medical disorder.
Monetti's allegation
that he has suffered from nightmares and general fear was insufficient, the
judge found.
Martinez also granted
the city's request to dismiss a claim of outrageous conduct.
"Reasonable
jurors could not conclude that verbal insults and the physical force used here
was so unconscionable as to rise to the level of outrage, nor is there evidence
of severe emotional distress suffered by the plaintiff," Martinez wrote.
Martinez declined to
dismiss assault and battery claims in the suit.
In their motion to
dismiss, city attorneys contended that a frame-by-frame analysis of video of
the incident shows that Cobane did not kick Monetti in the head, as Monetti has
alleged and the news media widely reported.
But the opinions of
the city's video expert, contained in a report, won't be allowed at trial
because jurors are capable of making their own determinations, Martinez wrote.
City attorneys also
maintained that Monetti was involved in two robberies that occurred outside the
China Harbor Restaurant in South Lake Union — an allegation that Monetti
denies.
The incident was
among the first of several video-recorded confrontations between Seattle police
and citizens that led up to a Department of Justice (DOJ) finding in December
that officers routinely use excessive force on a regular basis. The DOJ is now
engaged in mediated settlement talks with the city, demanding changes in the
Police Department.
Monetti's attorney,
Lorena González, said in a statement Thursday that Martinez's ruling
"confirms our position that there is strong evidence that the Seattle
Police Department broke the rules and that the reforms highlighted by the DOJ
Report are more critical now than ever."
The City Attorney's
Office did not comment on the ruling.
Monetti filed suit in
U.S. District Court in Seattle last year, naming the city, Cobane and Woollum.
According to the
suit, Monetti went with two friends to the China Harbor to celebrate his 21st
birthday.
Monetti was one of
three men detained during the robbery investigation.
He and another man
were freed. The third man and another suspect arrested nearby were convicted
last year of robbery and other charges and sentenced to more than 10 years in
prison.
Prosecutors found no
evidence of criminal conduct by Cobane and Woollum, nor were they found by the
Police Department's Office of Professional Accountability to have used improper
force.