Ryan Chartrand
The Cal Poly University Police and San Luis Obispo Police Department are facing a lawsuit by a local man alleging they assaulted him, violated his civil rights and placed him under false arrest last July.
According to the lawsuit filed June 13 in San Luis Obispo Superior Court, Jeffrey Mark Milne, 53, arrived at his home on Christina Way after a hike on July 15, 2007 around 8:30 p.m.
When a 10-year-old neighbor saw Milne, he called the police and reported that he had seen a man he didn’t recognize fumbling with keys and kicking the door, according to the lawsuit.
The lawsuit claimed that police then came to Milne’s front door, which was closed, and told him to open the door after drawing their guns. Milne, who had no shirt or shoes on at the time, opened the door and three of the officers patted him down. One of them found a knife in his back pocket and pepper sprayed him in the face. All four officers then threw Milne to the ground and jumped on top of him.
Milne was handcuffed and arrested on suspicion of resisting arrest. A jury later acquitted him, according to his attorney Louis Koory.
Koory claims that Milne was injured in the arrest.
“He suffered multiple contusions, lacerations, abrasions and he also suffered a torn ligament in his wrist and an injury to his cervical spine which requires surgery,” Koory said. “He’s already had wrist surgery and he’s facing neck surgery.”
Koory said that during the October trial, the officers alleged Milne’s injuries were not caused by them.
“They testified that his injuries were pre-existing and the bruising and abrasions and cuts and everything on him they didn’t do,” said Koory. “But at the trial the jury saw pictures of him with bruising and lacerations on (him).”
Koory added that the officers also did not have access to any video or audio of their interactions with Milne.
“During the course of the case the police claimed that their video and audio devices all malfunctioned,” said Koory. “So they did not produce any video tape of the detention, the arrest, the booking, the interviews with my client . So one of the allegations in the complaint is that they suppressed evidence.”
San Luis Obispo City Attorney Jonathan Lowell said he was not sure of whether the video and audiotapes malfunctioned or where they are now.
“I don’t have those answers,” said Lowell. “We’re looking for them.”
Milne is also suing for alleged negligence, unreasonable search and seizure, assault and battery, excessive force and false arrest and false imprisonment.
Milne’s initial claim of $10 million was rejected by the city.
“He has now re-filed in state court so we have not been served with the complaint (and) I don’t know what he is seeking at this point,” said Lowell. “Our evaluation of the claim that was filed indicated that the officers acted appropriately under the circumstances.”
Milne, who owns Babbo’s Pizza in San Luis Obispo, is currently in county jail after being convicted of a DUI, according to Koory.
The officers listed in the complaint for damages as defendants were San Luis Obispo police officers Crystal Locarnini, Amy Chastain, Jeff Koznek and Cal Poly Police Officer Max Schad.
A UPD officer was at the scene because the two local departments occasionally call each other for backup.
The Cal Poly police department would not comment except to deny the allegations in the claim.
“We don’t see any basis for legal liability,” said Cal Poly’s legal counsel Carlos Cordova.