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Couple suing Newport

Two Newport Beach residents are suing the city for $1 million each, claiming that Newport Beach cops assaulted and falsely imprisoned the couple while responding to a call about a family fight at their home.

In a written memo, Newport Beach City Atty. David Hunt said that the lawsuit was “without merit,” and that the city would defend itself against the lawsuit.

Newport Beach residents Eric and Angela Padgett claim three Newport Beach police officers handcuffed both of them without cause. The suit, which contains several typing mistakes, was filed in Orange County Superior Court on Aug. 31.

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The Padgetts also claim that officers hit them without reason, according to a copy of the lawsuit.

The incident caused the Padgetts “physical and emotional pain,” the suit claims.

“Eric Padgett and Angela Padgett [were] released, and no charges were made [by] any public agency because there never was any factual basis or probable cause for the arrest but for the lies of the defendants,” it claims.

According to the city’s version of events outlined in Hunt’s memo, Newport Beach police responded to an anonymous call about a family dispute at Eric Padgett’s home in the 200 block of 39th Street in the early-morning hours of Aug. 31, 2008.

“When officers arrived on the scene, they contacted multiple subjects who were yelling and screaming,” Hunt said in the memo. “Plaintiff, Eric Padgett, was initially uncooperative and was detained by officers while they investigated the reported disturbance.”

Police found alcohol at the house and gave Eric Padgett a municipal code citation for causing a disturbance, Hunt wrote in the memo.

The Padgetts want the city of Newport Beach to pay them $1 million each in compensatory damages, in addition to paying for medical expenses, loss of income, property damage and legal fees.

The Padgetts and their attorney, Michael Lusby, could not immediately be reached for comment Tuesday.


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