Man files claim against the city, alleges excessive police force

A 51-year-old man filed a claim against the city of Burbank centered around an incident in which he reportedly woke up with a broken arm in a Burbank park following an arrest for being drunk in public, records show.

Jon Petersen alleges he was a victim of excessive force, negligence and battery, and is seeking more than $25,000 in damages, according to the claim, which was filed by his attorney Darrell York last month.

Burbank City Atty. Amy Albano declined to comment on the claim, but said it’s making its way through the city’s internal-review process.

According to Petersen’s claim and his attorney, the man was taken into police custody on Jan. 1 for being drunk in public outside a Burbank liquor store, and was subsequently transported to Providence Saint Joseph Medical Center.

Petersen reportedly requested to be taken to the hospital, but it’s unclear whether he was examined while there, York said when reached by phone Monday.

But two hours later, Petersen reportedly woke up in “excruciating pain” in Johnny Carson Park with no recollection of what happened after he reportedly left the hospital being escorted by the officers, York said.

“What happened after he left the hospital, that’s the $64 million question — I want to know why he wasn’t taken in and booked into custody,” York said, adding that Petersen had to undergo surgery on his arm.

“How’d he end up in Johnny Carson Park with a broken arm?” he asked.

After he woke up, Petersen reportedly walked back to the hospital, where an X-ray showed that his left arm was broken, York said, adding that hospital staff members told him he had just been there hours earlier.

City officials have 45 days to respond to the claim. If the city doesn’t respond, the claim is deemed denied, at which point Petersen can file a lawsuit.


Follow Alene Tchekmedyian on Google+ and on Twitter: @atchek.


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