Police Roughness Wins Dentist $115,000

A Superior Court jury Monday awarded $115,000 to a North County dentist who claimed he was assaulted and improperly detained by three San Diego police officers at his 30th-birthday party in 1986.

Jurors in the case before Superior Court Judge Alpha Montgomery deliberated nearly three days before announcing their decision in favor of Frederick Wallace of Solana Beach. Wallace’s attorney, Tom Adler, said the verdict is rare because police brutality cases are usually settled before they go to trial.

“I’m not aware of another verdict like this in recent history,� Adler said. “But I think the public awareness of what’s going on in the Police Department is growing and, as a result, we’ll see many more of these cases unless and until the department cleans up their act.�

Neither Acting Police Chief Bob Burgreen nor Deputy City Atty. James Chapin, who represented the Police Department, could be reached for comment Monday.

Award Is Called Rare

But police spokesman Bill Robinson, confirming that the city generally settles such cases before they arrive in the courtroom, said the award was one of the few against the department in recent memory.

Wallace, 32, sued the department over the conduct of three officers who broke up a joint birthday party held for him and a colleague on March 19, 1986. He alleged that he was falsely arrested by Officer Ruben Gama and Sgt. Michael Gibbs, and that both Gibbs and Officer Paul Wright used excessive force against him. All three remain on the force.

Adler said his client’s troubles began when police arrived at the Scripps Ranch birthday fete about 11 p.m. in response to neighbors’ complaints about loud music.

When the owner of the house, dentist Ronald Johnson, questioned the officers’ intention to break up the party, he was thrown to the ground by police and beaten with night sticks, Adler said. Johnson’s mother and a third dentist approached and protested the beating, and they also were taken into custody for interfering with an arrest, Adler said.

Everyone Ordered to Leave

At that point, the gathering was declared an unlawful assembly and everyone was ordered to leave, Adler said. When Wallace asked his wife to retrieve their car keys, Wright ordered Gama to arrest the dentist.

“Gama then jumped on (Wallace’s) back and started choking him with his billy club and forcing him out the door,� Adler said. “He was kept in the back of the (police) car for three hours, handcuffed.�

No charges were ever filed against Wallace, Adler said, adding that his client suffered nerve damage to his hands during the episode.

During the trial, which spanned 2 1/2 weeks, the attorney representing the Police Department argued that the officers had acted properly in their handling of the party.

But jurors found enough evidence to award Wallace $75,000 in compensatory damages plus $20,000 in punitive damages against Gama; $15,000 in punitive damages against Gibbs and $5,000 in punitive damages against Wright. Wallace was the only party-goer involved to file a suit.

‘Speaks for Itself’

“I think the verdict speaks for itself,� Adler said. “Obviously, these 12 jurors, representing a cross-section of our community, thought there were problems in the way the police handled this thing.�

In an interview, Wallace said, “The overreaction we saw by police at what was really an innocent gathering was just appalling.�

“Personally, when I’ve read about these sort of cases in the past, I always figured the person deserved the injury they got or that they made up their story,� Wallace said. “But, when you experience it firsthand, it changes your view.�

Wallace said he decided to pursue his action against the department in hopes that a favorable verdict would capture the attention of city leaders and prompt some reform.

“The people who wear the guns and badges in our society must make responsible decisions,� he said. “In our case, the police definitely did not make responsible decisions.�