Santa Ana Settles Suit Over Drugless Drug Raid

SANTA ANA — The city of Santa Ana has settled a lawsuit filed by three residents who say police raided their apartment for narcotics and detained them even though no drugs were found.

Gilberto Andino, Veronica Padilla and Jose de la Paz Eucada Izaguirre sued the city and seven officers for injuries they allegedly received during the drug raid in 1992. They will split a total of $25,000 awarded Wednesday as part of the settlement.

Jerry L. Steering, attorney for the three plaintiffs, said police had a warrant to search the apartment but had no probable cause to arrest the residents. Steering said police also used excessive force.

Police said that it is common in drug cases to detain people and take them back to a station for questioning if officers want to verify identities or check for criminal records.

“There’s a variety of things that would give us probable cause to bring somebody in,” said Police Sgt. Art Echternacht, who estimated that once or twice a week people are taken in for questioning and then released without being charged.

A lawyer for the city said that undercover police officers allegedly bought drugs at the apartment about three weeks before the raid. Although Andino, Izaguirre and Padilla were there, none was arrested at the time.

According to the lawsuit, the three roommates were in their two-bedroom apartment on the 1500 block of North Durant Street when seven police officers raided the apartment about 6 p.m. April 29, 1992.

Officers handcuffed Andino, who was getting a glass of milk in the kitchen, and asked him where the the drugs were hidden, the suit said. Andino was handcuffed despite a hand injury, the suit said. He and his two roommates were placed on a couch in the living room for 1 1/2 hours while officers searched the apartment.

The three then were taken to the Police Department’s jail, Steering said. Padilla and Izaguirre were soon released, but Andino was held for questioning before he, too, was released.

When they returned home, the three found their door had been left open and several pieces of stereo equipment and cash were missing, Steering said.

An attorney for the city said the officers acted in good faith. But the city decided to settle the suit to avoid paying as much as $50,000 in attorneys’ fees if the case went to trial.