SANTA ANA : City to Pay $60,000 to Settle Lawsuit

The City Council has decided to pay $60,000 to settle a federal civil rights suit brought by a man who was injured in an altercation with two police officers.

The council Monday approved the settlement in closed session during its regular meeting. The suit stemmed from a Nov. 14, 1991, incident in which Thomas Bates, 33, of Garden Grove was injured while being restrained by officers at the police station. He had three fractured ribs and a ruptured testicle.

The suit alleged that officers Tony Miranda and William Sweet violated Bates’ civil rights by using excessive force to subdue him. Bates had been arrested for suspicion of being under the influence of narcotics and giving a false name to police. He also had several outstanding warrants, including one felony warrant for receiving stolen goods.

Attorney Mervyn S. Lazarus, who represented Bates, alleged that the officers made Bates stand against a wall with his legs spread apart and deliberately kicked him in the groin, then kicked him again when he fell to the floor.

“This sends a message that officers need to accord people the rights that they’re entitled to,” Lazarus said. “You don’t have to be out there on the streets being videotaped” to be able to prove your case.

Police disputed Bates’ account of the incident, saying he initiated a “shoving match” and was injured while being forced to the floor and subdued, City Atty. Edward J. Cooper said.

“I’m ambivalent about the settlement. In some of these cases, a jury finds liability, but we don’t see any liability,” Cooper said, adding that the city settled the case to avoid the unpredictability of a jury, “especially in the post-Rodney King era.”