Ex-Chaplain Wins $1.1 Million in Suit Against Deputies

A San Diego Superior Court jury Friday awarded $1.1 million in damages to a former Navy chaplain who accused Sheriff’s Department deputies of beating him at the Vista Jail in 1985.

The jury also decided that the Sheriff’s Department’s policies regularly deprived people of their civil rights.

Jim Butler, 60, sued San Diego County Sheriff John Duffy, the Sheriff’s Department and five deputies for $2.5 million in damages, alleging false imprisonment, battery, emotional distress and medical problems stemming from his arrest and alleged beating in a padded isolation cell Jan. 19, 1985.

“I’m extremely delighted,” Butler said. “It’s what we’ve worked for for 5 1/2 years.”

The jury will return to court Wednesday to hear further arguments or testimony about imposing punitive damages.

In a 9-3 vote, jurors also found that the Sheriff’s Department had a “written or unwritten policy, custom, or practice of violating the constitutional rights of individuals.”

Butler, who became involved in lobbying the Board of Supervisors to create a civilian review panel to investigate complaints against the department, said the jury’s decision vindicated other people’s claims that deputies violated their rights.

Butler said the monetary award was a minor issue compared to the jury’s condemnation of the Sheriff’s Department policies, and that he did not know the amount his lawyer was seeking until the final moments of the trial.

“Money was not a factor. We have known for a long time that the sheriff’s practices and polices were violating people’s civil rights,” Butler said. “I saw young Mexicans and blacks beaten in the jail, and I knew they had no chance (of fighting in court). That’s what we were out to expose.”

The award stemmed from a car accident that occurred in front of Butler’s home along a curve of Foot Hill Drive. Butler was arrested after deputies said he interfered with their duties at the scene, allegedly slapping Deputy Robert Bishop in a dispute over where Bishop should park his patrol car.

Deputies contended that Butler interfered with numerous investigations and that he was not seriously hurt when they subdued him by taking him down to the ground.

The jury voted 10 to 2, with one abstention, that deputies Robert Bishop and James Laws violated Butler’s constitutional rights.

Civil trials do not need a unanimous vote, but a verdict can only be counted if nine jurors agree. The jurors voted 9 to 3 that Bishop and Laws acted in a “wanton” or “oppressive” manner toward Butler.

During the monthlong trial, Butler testified that deputies swore at him at the scene, dislocated his shoulder upon arrest, broke his nose and left him with back and neck spasms. He said the incident caused him to be hospitalized for depression and resulted in permanent back injuries.

County counsel David Florance argued that Butler’s problems existed before the arrest. Florance said Butler began instructing officers how to place flares in front of his house at the accident scene.

Other deputies at the scene were Richard Flores, Austin Riley and Johnnie Hill.

The jurors split evenly on whether Flores deprived Butler of his constitutional rights, but voted 11 to 1 that Riley had not and unanimously that Hill had not violated Butler’s rights.

Butler’s 1985 conviction for allegedly interfering with an officer performing his duties was reversed on appeal. A flashing traffic light and three stop signs have been installed near the site, greatly reducing the accidents there, Butler said.