Wednesday, February 18, 2009

$350,000 Lawsuit to be Paid to Physician who was Tasered and Beaten by Police

SAN FRANCISCO

San Francisco officials are poised to pay $350,000 to settle a lawsuit with a Harvard University resident physician who claims he was shocked more than 10 times with a stun gun and beaten by police, including by an officer with a history of brutality complaints.

The proposed settlement would cover Mehrdad Alemozaffar’s legal fees, said Police Commission President Theresa Sparks. The settlement has been approved by the commission, but must be authorized by the Board of Supervisors, whose Rules Committee is slated to cast an initial vote Thursday.

Alemozaffar’s attorney, Jeremy Cloyd, said he has not seen the offer and could not comment on whether his client would accept it.

The 2007 lawsuit stems from a Dec. 17, 2006, incident in North Beach. Alemozaffar, then a UCLA student, claimed officers pinned him against the street and smashed his head multiple times against the asphalt. Officers then tied his hands behind his back in nylon restraints before jolting him with a Taser more than 10 times, the lawsuit claimed.

The lawsuit named The City, the police and sheriff’s departments, and Officers Jesse Serna, Gary Moriyama and James McGrath. Sheriff’s deputies Jurnation Reymundo and George Coviello were also named.

Alemozaffar claimed the trouble began at 2 a.m. after police told weekend revelers to clear the area. Alemozaffar told Serna he was waiting for a friend, and Serna told him to “stop acting like a girl,” according to the complaint. The alleged attack by officers began after Alemozaffar asked for Serna’s badge number.

The lawsuit accused Reymundo of shocking Alemozaffar on his legs, back, side and wrist, leaving burns. Alemozaffar’s shoulder, on which he had recent surgery, was also damaged, the lawsuit said.

Serna, who the lawsuit said has a history of brutality complaints, was sued in 2007 by former mayor’s secretary Esther Hwang, who worked for Willie Brown. Hwang claimed Serna violently pulled her by the hair to the pavement and arrested her on false charges after she joked about jaywalking in North Beach. That case was settled for an undisclosed amount.

By extending the settlement offer to Alemozaffar, The City is not admitting wrongdoing, Sparks said.

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