72; Reply to Mot. B). at 694. 40 at 45). contributed to the police excesses complained of because the procedures made clear to the officer that . (Defs.' And the citation to the Pucillo answer lacks the question asked and is thus incomplete and unreliable. Viewing the evidence in the light most favorable to Plaintiff, the Court finds that no genuine issues of material fact exist and Defendants are entitled to summary judgment on any claims related to the decision to stop Myles. There is no evidence that . The details change from lawsuit to lawsuit, but the same allegations appear in many of the complaints — excessive use of force, lack of training and failure to follow department policies. ), The deputies stopped the vehicle. § 1985(3) states: "If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators. Caro explained that he had a bad back and preferred to wait on a sofa across the patio, according to the lawsuit. To start, Plaintiff glosses over the County's procedures for opening use of force investigations. In their motion, it appears they limit their argument to whether the deputies had reasonable suspicion to stop Myles. As explained above, the Court notifies Plaintiff that it is considering entering summary judgment on Plaintiff's fifth, seventh, eighth, and tenth claims for relief. They ask the Court to conduct a separate trial on the issues of the County's federal liability and punitive damages against Deputy Banks. Banks feared Myles was going to attack him from behind. . As explained above, 42 U.S.C. v. Cnty. . Thus, Defendants are not entitled to summary judgment on this aspect of Plaintiff's unlawful detention claims. A Michigan deputy was fired after he arrested a Black man who was going door-to-door collecting signatures Bre'Anna Grant Jan 23, 2021, 8:09 AM Tetra Images/Getty Images Authorities say two deputies were sent to a neighborhood in Springfield, Michigan on January 2 after a call about a suspicious person possibly soliciting. The county will pay $137,000 to settle a civil rights lawsuit against an off-duty deputy. The Court finds that there is insufficient evidence of a policy, pattern, or practice to support any of Plaintiff's Monell theories. The witness testimony is consistent with parts of Plaintiff's and Defendant's versions in some respects, but different in others: (i) Michael Dorsett: Dorsett observed Myles exit the vehicle and walk backwards in compliance with the officers' commands. Nor are they evidence that the County has a pattern of ignoring use of force incidents. . The third incident involved Banks tasing, striking, and attempting a neck control hold on a Hispanic juvenile runaway. § 1983, a claim for violation of 42 U.S.C. (Id.) Finally, Plaintiff identifies two other incidents, not involving Banks, that purportedly demonstrate the Sheriff's Department's failure to investigate uses of force. Next, the Court must evaluate the government's interest in the use of force. Allison testified that he was the first person to touch Myles. . (Pl. Absent any direction on when to use a force implement that is considered a severe use of force . 47")). Cal. Blair Guy, commander of Destroyer Squadron 28, "due to loss of confidence in his . Next, Allison and Banks ordered Myles to get on his knees, but Myles did not comply. Get our essential investigative journalism. 17. The county of San Diego has agreed to pay $1 million to settle a lawsuit filed by the family of a man with Down syndrome who was roughed up by an on-duty sheriff’s deputy. 2. Caro’s only reaction was lowering his head in pain,” it added. Lieutenant Duckworth testified that an IA investigation was not required. $1 Million Lawsuit Settled By San Diego County After Cop With History ... Plaintiff Mickail Myles sat in the driver's seat and his brother, Elisic Sauls, sat in the passenger's seat. Myles responded, "Sir, it was all a blur." (CD Recording & Tr. (ii) Deputy Shane Allison: Deputy Allison testified that shortly after Myles exited the vehicle, Myles announced that he could not hear. (Id.) Brumfield admitted that his arrest report does not document any noncompliance by Myles, with the exception of Myles's slow compliance with exiting his vehicle. Deputy Paul Brown III arrived and spoke with Caro, who appeared sober, calm and steady in home-security camera footage that captured the interaction. Jeffrey Guy. Banks then gave Bubo the apprehension command, and Bubo bit Myles on his left torso, released, and bit Myles's shirt. 4 at 51 ("Pl. Ex. In December, the county agreed to pay his family $50,000. "); Jackson v. Barnes, 749 F.3d 755, 763 (9th Cir. Deputy Pepper-Sprays, Beats Man with Down Syndrome: Lawsuit Myles complied. A second lawsuit has been filed against a San Diego County Sheriff's deputy accused of beating a man with Down syndrome.◂\r\rSan Diego's News Source - 10News, KGTV, delivers the latest breaking news, weather forecasts, video on demand and live video streaming straight to you, keeping you in touch anywhere, any time. 's Ex. Deputies cited Carr for trespassing and resisting peace officers — charges prosecutors later declined to file. Ninth Circuit and California law give citizens "considerable latitude" in challenging police without such conduct violating section 148. Ex. Those 49 total cases represented seven deaths and 42 injuries. But the sequence of events and whether Myles complied with the officers' commands is at issue. D. County of San Diego's Federal Liability. Log In. (Id.) Off-duty Cumberland County deputy identified, put on leave after ... Deputy Banks seeks qualified immunity from liability under federal law. 66; Opp'n to Mot. 17 ("Pl. Young, 655 F.3d 1162-63. of San Diego, 864 F.3d 1010, 1013 (9th Cir. Hout next asked, "And is there a reason why you didn't comply with the specific commands?" Although Plaintiff contends that the County's policy fails to provide guidance on how to use any type of force, Plaintiff's expert's opinion is limited to the use of canine force. "Factual disputes that are irrelevant or unnecessary will not be counted." Wright Published on January 11, 2022 Fed. II, Pl. 8 & 9). Myles next felt the handcuffs tighten around his wrists and multiple officers holding him. (Pl. The Police Receive a Vehicle Burglary Report and Stop Plaintiff's Car, Around fifteen minutes before midnight on September 5, 2014, Fallbrook, California resident Charles Sommer called 911 and reported that four young Hispanic men had been trying to break into a vehicle a block from his home. Federal Rule of Civil Procedure 56(f) provides that after giving notice and a reasonable time to respond, the Court may "consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute." 21")). on a respondeat superior theory." Id. According to Plaintiff, he allowed the officers to handcuff him, asked what was happening, and then was hit by something and bit by the dog. 11). (Opp'n at 19-24). The Court notes the following deficiencies: (1) the Court sees no evidence that Defendants' conduct was motivated by "their perception of Plaintiff's race and color" such that Plaintiff can prevail on his fifth claim for violation of California Civil Code §§ 51.7 and 52.1, (2) the Court sees no evidence of a conspiracy to do any of the wrongs identified in 42 U.S.C. Plaintiff supports his pattern and practice claim by pointing to how the Myles incident was investigated as well as seven other use of force incidents, some of which involved Deputy Banks. July 2, 2015). Plaintiff opposes both motions (Opp'n to MSJ, ECF No. Banks ¶ 2 (incorporating his arrest report, Defendants' Exhibit B, as part of his declaration); Banks's Arrest Report, Defs.' clark atlanta football schedule 2022. spencer strider salary; shelley smith obituary. 's Ex. Another resident called 911 and reported the incident as a suicide attempt, the lawsuit said. 42 U.S.C. Once the officers had Myles in custody, Allison asked Myles why he did not get on his knees. The deputy, who had been on the department for about six months at the time of the incident, is still with the department and has undergone retraining but is not yet back on patrol, Gore said. 37, 40; Dep. San Diego County Sheriff stand at attention while waiting for instructions in this 2016 photo. 's Ex. Myles answered, "Sir, I didn't hear." Monell v. Dep't of Soc. It remained unclear why off-duty Cumberland County Sheriff's Deputy Jeffrey Hash felt the need to kill. The Court addresses Monell liability first. C). 's Ex. See United States v. Cortez, 449 U.S. 411, 417 (1981); Terry v. Ohio, 392 U.S. 1, 19-27 (1968). 's Exs. (Pl. Deputies Banks, Allison, and Brumfield testified that there was some struggle between the officers. Banks hit Myles at least once while Allison and Brumfield held Myles. 40")). (internal citations omitted). . The verdict came last summer, after county lawyers refused to settle the claim for $3 million and took their chances at trial. . 8")). Hearing no response, he looked over his shoulder and was hit behind his left ear with something made of metal and then bit by the canine on his left torso. deputy jeffrey guy update - madabin.com Plaintiff contends that some of these required forms are missing entirely or are missing information. In considering a summary judgment motion, the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his or her favor. 10). (CD Recording & Tr. The Court grants Deputy Banks summary judgment on the false imprisonment and 42 U.S.C. A federal court case filed by San Marcos resident Leobardo Caro alleges that San Diego County Sheriff’s deputy Paul Brown III used pepper spray on Caro without cause. Court documents show they most often tell judges that the cases should be dismissed because the plaintiffs failed to state a proper legal claim or deputies are immune from liability because they were acting in the course of their duties. / / /. The Court denies Defendants' motion for separate trials. Collins was suffering from a sodium deficiency that caused him to become disoriented, slur his speech and experience hallucinations. (See Dep. Drummond v. City of Anaheim, 343 F.3d 1052, 1059 (9th Cir. (Id. 42 U.S.C. Whether Myles was combative during the handcuffing, and exactly when the handcuffing occurred in connection with the use of force, are triable issues of fact. Nonetheless, San Diego deputies continue to exert their authority when it may not be necessary, the lawsuits claim. Id. § 1983 Monell claim. Though Martinez has recovered from the injuries sustained in the excessive force incident, Basile said he “still expresses a fear of police.”. Myles complied, walking backwards to Deputy Allison's car trunk. (Opp'n at 24). Id. Ex. San Diego elected officials have gotten 5 raises since voters overhauled their pay. Guy testified that, given the same circumstances, he would do the same thing again. Antonio Martinez was leaving his family's bakery in Vista on Dec. 18, 2012, when he was confronted by deputy Jeffrey Guy, who was responding to a domestic violence call in the neighborhood.. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued." 's Ex. In this case, the Court exercises its discretion and denies Defendants' motion. Banks detained a Hispanic juvenile for jaywalking and kicked him in the chest. “Our board approves settlement after much careful consideration, discussion and legal advice from County Counsel,” Cox said. Command Staff | San Diego County Sheriff . The man filed a $20 million claim against the department, accusing a deputy of beating him while he was handcuffed at Harrah's Resort in Valley Center. Since the incident, he has become a full-time deputy. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). “If I thought he targeted a Down syndrome person, I’d have fired him before the week was out,” Gore said. U.S. Const. at 159. As such, there is no evidence that the County's use of force policy caused the alleged constitutional violation. (Video: The Washington Post) In both recordings, Hash utters the. He contends that the "County had actual knowledge of a long series of misconduct by Deputy Banks and failed to take reasonable steps to investigate and address the numerous allegations against him." Carr’s civil lawsuit is pending in U.S. District Court. The new case number is 3:15-cv-00639-MMA-WVG. 'You're a Bad Police Officer': Official Confronts Deputy at Awards ... Plaintiff's complaint alleges three federal claims against the County of San Diego: a claim for violation of 42 U.S.C. According to another lawsuit, James Marun had a history of mental illness and was living in a sober house in Vista when he began cutting himself on the night of March 6, 2018. § 1985(2) and (3), and a claim for violation of 42 U.S.C. A reasonable jury could credit Plaintiff's and Dorsett's testimonies and find that Plaintiff's actions did not rise to the level of willful resistance, delay, or obstruction. As the officers' commands were not consistent, he looked over his shoulder to tell the officers he could not hear and that he did not know what they wanted him to do. A"); Decl. Plaintiff contends that Deputy Banks employed excessive force on him three times: (1) when Banks grabbed Plaintiff's neck and tried to force him to the ground, (2) when Banks ordered Bubo to bite Plaintiff, and (3) when Banks hit Plaintiff. “Did the Sheriff’s Department learn anything from this incident?” Basile said. Ex. (Id.). Once he reached the rear of the patrol car, the officers grabbed Myles, turned him towards the trunk of the car, and then handcuffed him. A moving party bears the initial burden of showing there are no genuine issues of material fact. Do Not Sell or Share My Personal Information, 50 years after a classmate’s slaying, three amateur sleuths set out to find her killer, Second plane carrying migrants lands in California, with officials blaming Florida, More details emerge about ‘Wild ‘N Out’ star Ms Jacky Oh’s death at 32, Your favorite Disneyland ride is ... not what we picked as No. Jeffrey Guy. Meanwhile, county supervisors so far this year have agreed to settle seven other excessive-force and similar cases against the Sheriff’s Department, for a combined cost of $1.79 million. A fact is material if it might affect the outcome of the suit under the governing law. Id. Banks gave the order two to three times. Triable issues of fact exist regarding whether the neck grab even occurred. To prove such a policy, Plaintiff must first show that the municipality's failure "amount[s] to deliberate indifference to the rights of persons with whom the untrained [or unsupervised] officers come into contact." Within days of the incident, a sheriff’s captain visited the Martinez family to apologize. Claims for excessive force are analyzed under the Fourth Amendment's prohibition against unreasonable seizures using the framework articulated in Graham v. Connor, 490 U.S. 194, 201 (2001). 2014) (considering allegations of failure to supervise). 2017). of Statement of Erin Valdez, Pl. Myles complied. Both parties analyze the detention and force issues under the Fourth Amendment. 's Ex. As to the head or face strike, Plaintiff contends he was hit in the back of the head with something metal, possibly a baton. Pl. 11 ("Pl. §§ 1985, 1986; Delta Sav. (See Press Article, Pl.'s Ex. ET . P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Banks did not ask whether Myles heard the warning. Jeffrey Guy (Sandra takahsi) See Photos. he could get away with anything." The Police Order Plaintiff Out of the Car and Into Police Custody. S.B. See Photos. Municipalities, like the County of San Diego, can be held directly liable for constitutional violations under 42 U.S.C. Martinez failed to do so, and that’s when things escalated. San Diego, CA-- In February, we reported on despicable actions of San Diego Sheriff's Deputy, Jeffrey Guy. 's Ex. Anderson, 477 U.S. at 248. Ashish Kakkad. Cop Who Illegally Kidnapped and Beat Down Syndrome Man Says He Would Do ... . They agree that Bubo barked throughout the encounter. of J. I). Jeffrey Guy Profiles | Facebook May 31, 2020 6 AM PT At least 15 lawsuits filed in the past year accuse San Diego Sheriff Bill Gore and his deputies of wrongful death, excessive force and other civil rights violations, state and. "A custom or practice can be inferred from . The Sheriff's Department apologized, but now it is facing a Vista family's lawsuit over a deputy who pepper sprayed and beat their 21-year-old . See Velazquez, 793 F.3d at 1022-23 (reversing district court's grant of judgment as a matter of law on plaintiff's unlawful arrest claim where plaintiff was detained for asking officer "what's up" and then arrested under section 148 despite plaintiff's evidence that he never resisted orders from officer); Mackinney, 69 F.3d at 1006-07 (holding that neither plaintiff's "refus[al] to comply for a matter of seconds" with "order [] to stop writing on the sidewalk" with sidewalk chalk nor plaintiff's "refus[al] to agree to stop writing" on the sidewalk violated section 148); People v. Quiroga, 16 Cal. A jury could give more weight to Plaintiff's contemporaneous statement to Deputy / / / Allison than to his later statement to Deputy Banks. 8 ("Pl. Before filing the lawsuit last year the Martinez family asked for an admission of wrongdoing from the sheriff’s department, an apology and changes in department policy when dealing with the mentally disabled. Plaintiff argues that the San Diego "Sheriff's Department's use of force policy fails to provide deputies with direction regarding how to make use of force decisions, and as such, further supports a Monell claim against the County." Both the recorded statement and letter are hearsay. What happened next is disputed. . After briefing closed, Defendants submitted two letters regarding new authority for the Court's consideration. Blankenhorn, 485 F.3d at 477 (where parties dispute material facts, "summary judgment is appropriate only if Defendants are entitled to qualified immunity on the facts as alleged by the non-moving party"). The department keeps a computerized list of mentally challenged, “at-risk” people that patrol deputies can access from their vehicles, under a program called Take Me Home. (See Canine Deployment Report, Pl. causes . (Id.). Myles stopped resisting, and Brumfield and Allison handcuffed Myles and placed him in the rear seat of Allison's patrol vehicle. Gore, in an interview last week, disputed the attorney’s assertion about the department’s lack of training. 's Ex. . "A police officer's use of baton blows . R. Civ. Because of its size and jurisdiction — 2,500 deputies serving 3 million residents over 4,000 square miles — the San Diego Sheriff’s Department may be more vulnerable to misconduct and other allegations than smaller police agencies. Dorsett heard the officers' command for Myles to get down on his knees, but noted that the barking dog was closer to Myles. Now, pursuant to Rule 56(f), the Court gives notice that it is considering entering summary judgment on the fifth, seventh, eighth, and tenth claims on the grounds that there is insufficient evidence to prove those claims. Here, the parties present three possible incidents that could give a reasonable officer probable cause to arrest for a section 148 violation: (1) Plaintiff's compliance with the orders to walk backwards from his car to the patrol vehicle; (2) Deputy Banks's alleged neck grab and Plaintiff's evasion of his grasp; and (3) the events that occurred as Plaintiff was bent over the trunk of the patrol car. 's Ex. Guy later said that he stopped Martinez for . School security key for Florida five years after Parkland - Tampa Bay Times As part of the settlement, Sheriff Bill Gore will meet with the family. Supervisor Cox said he and his colleagues work constantly with the Sheriff’s Department to improve law enforcement and better serve the needs of a growing and diverse region. No one asked Myles whether he heard the command. (Id.) 's Ex. 's Ex. "[A]fter [Myles's] hands were behind his back by [Allison] and Deputy Brumfield," Allison "saw the K-9 attempt to make contact with [Myles]." 's Ex. Some of the lawsuits include lists of other suits, recounting the Sheriff’s Department’s alleged failure to protect the public or to discipline misbehaving deputies. policy.'" of Myles Interview by Dep. Myles replied, "Because I couldn't hear you. 48 ("Pl.'s Ex. . The email does not go into further details about the case. Ex. Deputy faces 2nd lawsuit for excessive force - YouTube Money was not the reason the family filed a lawsuit, he said. § 1983 as to Defendant Deputy Banks (to the extent the claim is premised on the lack of probable cause to support the arrest and the use of excessive force). Notwithstanding evidentiary issues regarding the admissibility of some of Plaintiff's evidence, none of his proffered evidence demonstrates a pattern or practice of ignoring and failing to properly investigate uses of force. / / /. Myles never lowered his hands, which had been in the air since he exited his vehicle, and never stopped walking backwards. After a routine conversation, the deputy told Caro to sit in a nearby chair. Will June be the same? . 56). Velazquez, 793 F.3d at 1027 (internal citation omitted). custom cookies new york city; i just moved to florida and i hate it; The Sheriff's Department conducted a claims investigation at the command level. J")). County's Liability under 42 U.S.C. . The burden then shifts to the non-moving party to show that there is a genuine issue for trial. He was booked into jail, where he fell again and suffered a “brain bleed,” a lawsuit alleged. One of the deputies on the scene, Deputy Allison, ordered Plaintiff to step out of the car. Martinez, who has Down Syndrome, was walking to his family’s bakery where he worked when Guy pulled up beside him and asked him to stop. A ("Defs.' As to Plaintiff's backwards walk from his car to the patrol vehicle, he testified that he complied with all of the orders he heard. Defendants move for summary judgment on all claims or, alternatively, partial summary judgment on the issues of unlawful detention, unlawful force, qualified immunity for Deputy Banks, and the County's federal liability. Furthermore, in deposition testimony, Plaintiff's attorney appears to concede that no citizen complaint was filed regarding this incident. B). §§ 1985 and 1986 claims require the existence of a conspiracy. P. 56(f)(3); Celotex, 477 U.S. at 326 (noting district court's power to enter summary judgment sua sponte). Angelenos share how they get by, 21 places in L.A. to find the best sushi, omakase, chirashi and more, L.A., Long Beach port disruptions continue amid tough contract talks, Cal State details potential tuition increases amid massive funding gap, This rural California county lost its only hospital, leaving residents with dire healthcare choices, Behind the scenes of the ‘Foretold’ podcast, Opinion: Can a four-day workweek really work? 's Ex. These procedures do not "ma[k]e clear" that officers can "get away" with failing to document use of force. 11")). Cal. While Plaintiff complains that the Sheriff's Department only performed a K9 review, his own evidence belies that assertion. . 7") & Defs.' Existing law at the time of the incident recognized a Fourth Amendment violation where police officers used force against a handcuffed, compliant individual who poses no serious safety threat. Plaintiff tries to develop an argument that Sheriff's deputies do not adequately document use of force and that the Sheriff's Department tolerates this alleged inadequacy. Only when he got the 21-year-old man into his squad car did the deputy realize that the man was not resisting arrest but rather had become frightened and confused because he did not understand the deputy’s commands. 2015) (“A reasonable jury…, Full title:MICKAIL MYLES, Plaintiff, v. COUNTY OF SAN DIEGO, by and through the SAN…, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. “Without any reasonable justification or cause, defendants surrounded plaintiff, forcibly headlocked him and slammed him to the ground,” the lawsuit said. The second incident concerned Deputy Jeffrey Guy, who allegedly unlawfully detained, pepper-sprayed, and beat a young Hispanic pedestrian with Down's Syndrome. 55). 44 ("Pl. (Defs.' 7). While Dorsett and some of the police officers testified that Banks and Allison commanded Myles to get on his knees, Myles testified that he only heard this command when he first stepped out of his vehicle. If that wasn't suspicious enough, check this: "As the gentleman walked by, he covered his head with the hood of his sweatshirt," said Rodi. Cumberland County Deputy Sheriff Jeffrey Hash called 911 after fatally shooting Jason Walker in Fayetteville, N.C. on Jan. 8. The settlements push the amount San Diego County has paid to plaintiffs suing the Sheriff’s Department since 2009 past $10 million. (ECF No. To avoid confusion, the Court considers Plaintiff's argument about his continued detention and arrest. of Deputy Jeremy Banks, Pl. With respect to the dog bite, Ninth Circuit "precedent establishes that characterizing the quantum of force with regard to the use of a police dog depends on the specific factual circumstances." of Robert Kanaski, Pl. Under Plaintiff's version of events, the decision to arrest him for a section 148 violation is clearly unreasonable. Velazquez, 793 F.3d at 1027. (Id.) Plaintiff was treated at the scene and did not require emergency transport to the hospital. (Id.) Viewing the evidence in Plaintiff's favor, none of these incidents create probable cause for a section 148 arrest. The Court first must assess the severity of the intrusion on the individual's Fourth Amendment rights by evaluating the type and amount of force inflicted. Similarly, the Court declines to grant qualified immunity to Deputy Banks on the excessive force issue. A second lawsuit has been filed against a San Diego County Sheriff's deputy accused of beating a man with Down syndrome. As a general rule, the "mere existence of a scintilla of evidence" will be insufficient to raise a genuine issue of material fact. NBC 7 Investigates speaks with an alleged assault victim and his attorney to learn more. Allison stated that "once I put my hand on [Myles], actions he took made me put him into a rear wrist lock." Plaintiff fails to explain how this guidance is insufficient and how the policy, as written, caused the alleged violation. Myles did not make any efforts to flee the scene, and Allison did not observe any weapons on Myles. Defendants seek summary judgment on the issue of Myles's detention. (Id.) § 1983 claim against the County, and it has provided notice that it is considering granting summary judgment on the remaining federal claims against the County and on the state law claim alleging that racial basis motivated Deputy Banks's actions. Vista, CA-- On Tuesday, we reported that the police had admitted that San Diego Sheriff's Deputy Jeffrey Guy broke the law when he assaulted 22-year-old Antonio Martinez, who doctors say, has the mental capacity of a 7-year-old. Ex. Check out The Morning News to get the latest news, weather and traffic in Central Florida. 47, 48). California Civil Code § 51.7 "declares that all persons have the right to be free from violence or intimidation because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute, or because they are perceived by another to have any of these characteristics."
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