Morgan Hill police and the city itself are the target of three
lawsuits in federal court, alleging a laundry list of complaints
related to misconduct, negligence, improper training,
discrimination and
– in one case – excessive use of force during an arrest.
Morgan Hill police and the city itself are the target of three lawsuits in federal court, alleging a laundry list of complaints related to misconduct, negligence, improper training, discrimination and – in one case – excessive use of force during an arrest.
The city attorney’s office, through outside counsel secured via its insurance group, has filed documents denying the allegations in all three cases, but declined to discuss the details of any of the lawsuits. The cases are in various stages of the legal process, and each lists individual Morgan Hill officers as well as the city itself.
The most recent lawsuit was filed in December 2010 by Abduraham Mohammed and his mother Jinow Gudal, both of whom were residents of Morgan Hill at the time.
They are seeking an award of at least $50 million in damages related to an “unlawful arrest” and denial of due process which resulted in prolonged incarceration pending further hearings. Also named in his suit are Santa Clara County authorities, the district attorney’s and sheriff’s offices, and the correctional facilities where he was detained for six months.
Mohammed, who is not represented by an attorney, said in his complaint that he was arrested April 29, 2008, on suspicion of burglary. He said he was likely arrested because he matched the description of a suspect provided by a witness, and described the officers’ preliminary investigation as “sloppy.” Mohammed is African-American.
The case was subsequently dismissed by the D.A.’s office. He claims his arrest was a result of improper training and negligence by the Morgan Hill officers who detained him, and police denied him of his constitutionally protected rights of due process, freedom from racial profiling and civil rights.
Furthermore, while he was incarcerated, Mohammed, 21 at the time, said he suffered from a brain tumor which became increasingly severe as he was denied medical care by jail staff. Now living in San Jose, Mohammed said his health has deteriorated to the point he requires constant care from his mother, who is also named as a plaintiff.
The city has denied the allegations. A hearing was conducted recently on a motion to dismiss filed by the city, but the court has not yet ruled on the motion, according to assistant city attorney Jefferson Billingsley.
City attorney Danny Wan added there was “no allegation of wrong-doing” in the complaint, a 45-page document that appears to have been written by the plaintiffs themselves, and is at times confusing and unclear.
Santa Clara County has also filed a motion denying any of the wrongdoing identified in Mohammed and Gudal’s claim, according to Mark Bernal, attorney with the Santa Clara County counsel’s office.
Attorneys representing the correctional facilities could not be contacted by press time. Neither Mohammed nor Gudal could be contacted by press time.
In a separate, unrelated lawsuit, Maria Jesus Belasquez, Rudy Martinez and Rudy Belasquez Martinez, Jr., filed a complaint against Morgan Hill police in November 2010. That complaint also accuses the police of entering their home without a warrant and without cause, illegal search, false arrest, violation of civil rights, negligence and improper training.
The initial claim was sent back to the plaintiffs by the judge, who granted objections raised by the city in a motion to dismiss the claim, Billingsley said. The amended complaint does not list damages as extensive as the first one, though the plaintiffs are still seeking $10 million.
The plaintiffs claim the police knocked on the door of their home on the 600 block of Calle Buena Vista in August 2009 to conduct a probation search for Gabriel Mendoza, who police thought was hiding in the home. The residents said Mendoza was not inside. However, officers forced their way in and found Mendoza hiding in the residence, the complaint said. The residents said they did not know the suspect was there, and that police entered without a search warrant.
The plaintiffs’ attorney, Ronald Berki, declined to comment on the case.
A third lawsuit on file in the northern California district of federal court is a complaint by Gary Easley, which is in the discovery or evidence sharing phase. The city has denied all of Easley’s complaints and allegations.
Easley, representing himself, filed his complaint June 16, 2010, against the city, police department and a list of individual officers, as well as the sheriff’s office.
The plaintiff claims he was the victim of excessive force in 2009 when police arrested him on suspicion of trespassing, his complaint says. The property in question belonged to David Ray, a Morgan Hill officer, and John Ray. The Rays approached Easley and asked him to leave, then allegedly punched him several times in the face.
The Rays called police dispatch for assistance, stating that Easley tried to run over them with his car, the complaint says. Easley was subsequently arrested on suspicion of aggravated assault.
His complaint lists a number of violations of his constitutional rights, as well as “economic loss, emotional trauma, loss of liberty, loss of privacy, loss of employment and irreparable harm to his reputation.” He also claims police concealed evidence and produced false reports.
The city is insured for damages that may be awarded to any of the plaintiffs in the three lawsuits, in the event of a court judgment or settlement, Wan said. As part of the Association Bay Area Governments insurance plan, the city would be responsible for up to $100,000 in legal costs and awards.
All three lawsuits are covered by the ABAG plan, Wan added.
Requests for citizen-initiated complaints against Morgan Hill police, filed at City Hall, were denied as state law protects law enforcement authorities’ personnel files, Wan said.
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