Newport Scores a Point in Civil Rights Lawsuit on Police Use of Force
LOS ANGELES — A federal judge Monday withdrew a pretrial ruling that six Newport Beach police officers used excessive force when they insisted that a Costa Mesa man arrested on suspicion of drunk driving submit to a hospital blood test.
U.S. District Judge Terry J. Hatter Jr.’s action--a victory for the City of Newport Beach--means a jury will have to decide whether the officers used excessive force. Steven Nick Bohunis’ $10-million civil rights lawsuit against the city’s Police Department goes to trial in October.
The Feb. 15, 1985, arrest took place after Bohunis, driving a 1978 Chevrolet Camaro at high speed on Jamboree Road, swerved to avoid another car, lost control of his vehicle and skidded down a 70-foot embankment, according to a police report.
Bohunis, now 28, was working at the time as a property manager for the Irvine Co. and living in Costa Mesa.
Choked by Officers
After the accident, he was described by officers as “semicoherent†and unwilling to take a breath test. At the police station, Bohunis was “uncooperative†and twice had to be rendered unconscious by officers using a chokehold, according to the police report.
After being booked at the station, he was driven to Hoag Memorial Hospital Presbyterian in Newport Beach. Police said six officers were needed to restrain Bohunis while a nurse at the hospital took a sample of his blood.
According to federal court records, the nurse agreed to perform the test because hospital policy required that employees draw blood at the order of Newport Beach and Huntington Beach police officers, even when the people arrested refuse to allow the test.
Stephen Yagman, the Los Angeles attorney representing Bohunis, said the blood test revealed Bohunis’ blood alcohol level was 0.22%--far above the legal limit of 0.1%.
Excessive Force Alleged
Bohunis sought to have the blood test thrown out as evidence because, he alleged, it was obtained by police using excessive force. His request was granted in May, 1985, by Harbor Municipal Judge Russell A. Bostrom.
Ron Norman, Bohunis’ attorney in the drunk-driving case, said he did not know whether or not the charges against Bohunis were dismissed because another attorney took over the case from that point.
Monday’s ruling was welcomed by a lawyer for Newport Beach.
“The ruling puts us in a tremendous bargaining position,†said lawyer Thomas J. Feeley of Los Angeles. “It also gives us a chance to go to the jury and disclose Bohunis’ conduct.â€
Feeley said Bohunis was acting like “a wild man,†after his arrest.
Yagman, who has filed several civil rights suits against the Newport Beach Police Department, said he was disappointed but confident that the jury will find that police did use excessive force.
“It certainly would have made the case easier if we had that (previous) ruling under our belt,†Yagman said.
Bohunis, who no longer works for the Irvine Co., could not be reached for comment.
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