Jose Jimenez, a 70-year-old Hollister man who claims he was
beaten by two sheriff’s deputies, says his civil rights were
violated and is suing the sheriff’s department and the county for
an unspecified amount of money.
Hollister – Jose Jimenez, a 70-year-old Hollister man who claims he was beaten by two sheriff’s deputies, says his civil rights were violated and is suing the sheriff’s department and the county for an unspecified amount of money.
The suit, filed Tuesday in Federal Court in San Jose, names Sheriff Curtis Hill and San Benito County because they employ the accused deputies, David Zander and David Hackman. Hackman has other legal problems as well. He pled not guilty Monday to an unrelated felony battery charge stemming from an altercation at an Anaheim Angels playoff baseball game in October.
The local lawsuit stems from an incident in April when Hackman and Zander allegedly kicked and beat Jimenez with a flashlight – breaking his ribs – and booked him in the county jail without taking him to the hospital, according to the suit.
Jimenez’s attorney, Bill Marder, said while he is suing Hill and the deputies in an official and individual capacity, the county would likely foot the bill if he is successful.
“Because of the very serious injuries, we suspect the jury would award a very high number,” Marder said. “I would be shocked if the number was less than six figures.”
Jimenez filed a citizen’s complaint against the deputies in mid-October. Hackman has been on and off duty for the past 10 months for a medical issue and is being investigated by the Sheriff’s Department for allegedly attacking a man at a Boston Red Sox/Anaheim Angels playoff game that left the man with a fractured skull and two fractured vertebrae, according to Hill.
“We were anticipating that (the lawsuit),” Hill said. “We work hard to do a job for the community and it’s unfortunate when lawsuits are filed. The county will take a look at it and we’ll go from there.”
When Supervisor Ruth Kesler heard the lawsuit was filed she sighed and asked, “Who’s suing us now?” but declined to comment further until she is able to read the suit.
“There’s two sides to every story,” she said. “Until I get the other side of the story I don’t want to make any comments.”
Zander did not return a phone call to his office Tuesday.
Marder said he decided to take the case after learning about Hackman’s troubles in Anaheim and a previous incident in Riverside.
Most recently, Hackman was charged by the Orange County District Attorney’s Office with felony battery and pled not guilty claiming he acted in self defense, according to his attorney, Ron Brower.
Brower, who is only Hackman’s attorney in the battery case, said the man who Hackman allegedly battered hit him first with an inflatable noisemaker and Hackman was within his rights to attempt to place him under citizen’s arrest.
The alleged victim, Daniel Slama, suffered a fractured skull and two fractured vertebrae after Hackman pulled him down a flight of stairs.
“The guy hit him in the head – that’s a crime. When you commit a crime… you take your chances,” Brower said. “He has the right to effect a citizen’s arrest and use whatever force is necessary to arrest him. He is entitled to throw him to the ground and have him remain there. That he got injured is unfortunate. The issue then becomes did he apply excessive force? I don’t think he did.”
Hackman was also ensnared in a controversy surrounding the highly-publicized shooting of a Riverside woman five years ago. Before being hired by the San Benito County Sheriff’s Department, Hackman was a police officer with the Riverside Police Department. He was suspended from duty after making a racist remark at the scene following the shooting of a 19-year-old black woman, Tyisha Miller, by other officers, according to a CNN.com report.
“In light of the racial comment, I don’t think he was a good choice to be given a gun and a badge,” Marder said. “I can’t see how… those sins are forgiven. I think law enforcement should be held to a higher standard than the general public. Deputy Hackman’s other problems are a major factor in this lawsuit.”
Hill said he felt confident hiring Hackman and did a thorough background check before bringing him aboard.
“He did a fine job for us,” Hill said. “It’s unfortunate he got himself into this situation, but we’ll work our way through it.”
Although Hackman was on and off duty for medical reasons, he was working with Zander on April 23 when they got a call that a handyman was at a house when he shouldn’t have been, according to the police report.
The deputies found Jimenez sleeping inside a house on Lanini Drive which was owned by a woman who Jimenez worked for, according to Hackman’s incident report.
Jimenez had been drinking and was asleep on the living room floor when the deputies entered the home, according to the report. When the deputies attempted to rouse Jimenez and take him into custody, Jimenez got up, yelled, “I’m going to kill you,” and lunged at Zander, according to the report.
Hackman and Zander’s incident reports said Jimenez continued to resist arrest. Hackman said he kicked Jimenez’s left arm and side two times because he thought Jimenez was trying to find a weapon and Zander said he sprayed pepper spray on him but it still had no effect, according to the reports.
“Still in fear for our safety, I grabbed my department-issued flashlight and I struck Jimenez two times in his left arm and left side,” Hackman wrote.
Jimenez was booked into the San Benito County Jail and was not taken to the hospital because he “did not see any visible injuries on Jimenez,” and that he “did not have any complaint of pain/injury,” Hackman said in his report
Jimenez’s son took him to Hazel Hawkins Hospital the next day, where doctors found he had two broken ribs, according to the medical report.
“This is a 70-year-old man who weighs about 140 pounds. Hackman is 210 pounds,” Marder said. “To beat him to the point where he has cracked ribs – I just can’t see how that would be appropriate. There’s also the credibility issue. When the deputies are saying they feared for their safety – it’s hard for me to believe that they were all that scared.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
