July 4 Melee Claim Filed Against City

HUNTINGTON BEACH — A Midway City man who contends he was struck in the head by a baton-wielding police officer before a disturbance broke out downtown on July 4 has filed a claim against the city.

John A. Luetto, an Orange attorney representing Jim King, 19, filed the claim this week with the city clerk’s office on behalf of his client. King said Thursday that he received a cut on the left side of his face that required 15 stitches.

More than 100 people were arrested July 4 in a melee downtown during which furniture was burned in the streets, illegal fireworks were set off and rocks and bottles were thrown at police and passing motorists.

Several people have accused the Police Department of using excessive force. Lt. Jim Cutshaw said that as of Thursday, the Police Department had received eight complaints alleging misconduct by officers. The complaints are being investigated, police said.

Luetto said Thursday that he hopes his client’s case can be resolved without having to file a lawsuit against the city.

“We obviously aren’t interested in making this a high-visibility case,” Luetto said. King is “interested in being compensated for the injuries that he suffered.”

Luetto said he is pursuing a settlement for King’s medical expenses and damages for pain and suffering. Luetto declined to specify the amount of monetary damages he will be seeking for his client.

King said he was hit twice with the baton and kicked in the buttocks by a police officer. He said he suffered a mild concussion and a bruised tailbone.

King said he was walking north on Main Street and leaving the downtown area as police moved through to clear the crowds. He says that police did not issue a warning to disperse the crowds and that he was not doing anything wrong or illegal to warrant being struck by an officer.

King said that he was “feeling OK” but that the wound to his face left an ugly scar.

Deputy City Clerk Kate Whitney said that a number of people have taken out claim forms regarding July 4 incidents but that King’s claim is the only one that has been filed. An individual has six months from the date of an incident to file a claim against the city.

After a claim is filed with the city clerk’s office, it is forwarded to the city’s office of risk management to be reviewed, Whitney said. The city attorney’s office also receives a copy of the claim. By state law, the city has 45 days to accept or reject the claim, she said.

The filing of a claim is the first step before the filing of a lawsuit.