A 26-year-old San Francisco man who says police swooped in while he was in an early-morning argument with his girlfriend has sued the city, alleging that while being handcuffed, an officer smashed him in the face with his baton so fiercely that it shattered the man's jaw and broke his teeth.
Pieces of broken teeth had to be surgically extracted from Chen Ming's gums and mouth after the blows, according to the lawsuit filed in San Francisco Superior Court.
The lawsuit contends Officer Sean Frost engaged in a racially motivated attack on Ming, who is Asian, allegations an attorney for the city rejected as simply "false."
"The officer did not do anything wrong," Deputy City Attorney Scott Wiener said.
City Attorney Dennis Herrera's office in August denied a claim that Ming filed seeking more than $25,000 from the city.
The incident began at about 2:30 a.m. on Jan. 27, 2008, when Ming, also know as Xia Li, was walking with his girlfriend and a group of friends in the 800 block of Folsom Street in the South of Market area, according to documents Ming filed with the city.
Ming had been arguing with his girlfriend, and his friends attempted to separate them, according to Ming's account. Police responding to a report of three or four men assaulting a woman tried to detain Ming and his friends.
Ming ran from officers, leading them on a chase for several blocks before being caught, according to his account. While one officer slammed Ming to the ground and tried to handcuff him, Frost hit Ming in the face with his baton, according to the lawsuit.
The blows smashed Ming's jaw and teeth, the lawsuit said. Frost actually struck the other officer at one point, injuring that officer's hand, the suit said.
Wiener declined to discuss specifics, but disputed Ming's account. He also suggested Ming's attorney was "judge shopping." Ming originally sued the city in U.S. District Court on Feb. 10, alleging his federal civil rights were violated.
A week later, Ming filed suit in state court and then dropped the federal case, records show.
"The plaintiff appears to be playing games," Wiener said. "The case was assigned to a federal judge that the plaintiff apparently did not like, so the plaintiff then dismisses the lawsuit and then re-files it in state court. These actions speak volumes about the weakness of their case."
Ming's attorney, John Scott, said the case was about "unnecessary, reckless" police behavior and "gratuitous violence."
"But other than that," Scott said sarcastically, "it's a very weak case."
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