Officer Was Fired in May : City to Pay Lawyer in Courthouse Arrest Suit

A lawsuit between a fired San Diego police officer and a criminal defense attorney was settled Friday, just days before the pair were to square off in a complex Superior Court trial that began over a mere bump in a crowded courthouse hallway five years ago.

Tom Adler, attorney for Richard Boesen, said the City Council met in executive session Tuesday and agreed to offer them $30,000 to settle their lawsuit against the city and former Officer Richard Draper. Adler said they accepted the offer Friday.

The lawsuit arose out of an incident in 1983 when Boesen, the criminal defense lawyer, and Draper bumped into one another in a hallway in the downtown county courthouse.

Draper handcuffed Boesen and arrested him for assaulting a police officer. The charge was later dropped. Boesen, through his attorney Adler, then sued Draper and the city for false arrest.

Subject of Many Complaints

The trial, which was scheduled to begin Monday, was expected to focus new attention on Draper, a 10-year police veteran who became known in the city for numerous citizen complaints, questionable arrests and violent confrontations. But Draper was fired in May after an off-duty incident that month. Because Draper is no longer on the force, Adler said he and Boesen agreed to accept the $30,000 offer in return for dismissing the lawsuit.

Boesen was out of town Friday and could not be reached for comment. Draper also could not be contacted.

Adler said the main reason he and Boesen filed the suit in the first place was to demonstrate the need for a strong independent police review board to watch over controversial police officers.

“Getting the money was never really the important thing,” Adler said. “Dick wanted to vindicate himself. But we also wanted to bring attention to a potentially very dangerous situation.

“But now that the San Diego Police Department has finally fired Officer Draper, we feel we have accomplished a great portion of what we set out to do.”

18 Citizens’ Complaints

The assault charge against Boesen for the bumping incident was dismissed after the Police Department failed to disclose--as requested in court--that, at the time, there were 18 citizens’ complaints of excessive force against Draper.

In ordering the charge dropped, a Municipal Court judge called it “incredible” that a police officer would have so many complaints filed against him in just his first five years on the force.

But even after 1983, Draper’s troubles continued. At the time of his firing in May, more than 25 complaints had been lodged against him. He shot and killed a man in a case later ruled justifiable. He was also involved in two other shootings that were ruled accidental.

Draper’s termination notice, which cited a “continuing pattern of misconduct,” said he was fired for allegedly pistol-whipping a college student in an off-duty altercation earlier this year along Interstate 8 in El Cajon.

Adler, who is also representing the college student, is urging that criminal charges against Draper be filed by the state attorney general’s office because the county district attorney has refused to do so.

Meanwhile, Draper has challenged his firing, and his appeal is expected to be heard next month by the city Civil Service Commission.