CARLSBAD — The city scored a partial win from a motion concerning an ongoing federal lawsuit regarding the alleged battery of a woman by Carlsbad police officers in 2013.
The city filed a motion in December to strike a web address concerning a YouTube video of police officers allegedly beating Cindy Hahn, a Valencia, Calif., woman who was visiting friends at the beach in July 2013.
According to Hahn’s suit, which was filed last fall, she was pulled over by police after a previous engagement.
She was then pinned down and another officer races in and starts punching and kneeing Hahn.
A third officer is seen in the video watching and is accused of preventing witnesses from either helping or recording the incident.
The court granted part of the motion, but denied another request.
Judge Dana Sabraw struck the web address of the YouTube video from further proceedings as it is not intended as an assertion of fact, but intended as “evidence to support specific allegations by plantiffs (sic),” Sabraw ruled.
In addition, Sabraw struck Hahn’s husband, Brandon, and children from the suit as they also joined the action in seeking damages to Cindy Hahn.
Sabraw ruled those aspects of the suit came after the required six-month period to file action.
The city also sought to dismiss Hahn’s suit citing the same precedent, however, the judge ruled since she was in the midst of criminal charges by the San Diego County District Attorney’s Office, she was entitled to “tolling,” or delaying the statute of limitations. Thus, Hahn’s suit will continue.
The city’s motion argued Hahn violated the statute of limitations and forfeits tolling, which would render the suit “untimely.”
“The court declines to read such a draconian penalty into the statute where none is provided, either expressly or implicitly,” Sabraw wrote.
Hahn filed the suit after fighting against felony charges for two years after the incident.
The DA’s office dropped the case last year after the video surfaced.
Hahn hired Los Angeles attorney Mark Geragos, while the Meyers-Fozi firm, based in Carlsbad, represents the city.
2 comments
What is the status? Have the bad cops been fired? Arrested?
They need to cadmit their guilt (the officers guilt) and compensate this woman for injuries. They purposely dragged this out in court trying to stall until limitations where up but by throwing out charges against her AFTER the video surfaced they pretty much admit they were wrong! No do what is right and compensate her for the physical and mental injuries caused by these unprofessional, uncaring officers that obviously should not be wearing the uniform. This is absolutely grounds for charges against these officers for battery and conduct unbecoming of an officer. These men are a reflection of your whole department and they are the ones that ruin t for good honest officers who only want to help people and protect their communities. Do whats right Carlsbad Officials! Compensate her and charge then dismiss these officers and they should be banned from ever carrying a badge again! They beat a mother in front of her children for no reason! If you don’t take proper action i just reflects very badly on you office and no one will trust your officers. This is why trust in the police is failing across this country, beause they are not held accountable for their actions! Do whats right and gain the respect of your community again!
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