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Award Made in Jail-Assault Claim : Court: A man who said he was injured while he was handcuffed by a former Anaheim jailer wins $100,000.

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TIMES STAFF WRITER

A federal court judge has awarded nearly $100,000 to a Reno man who claimed he was physically assaulted by a former Anaheim Police Department jailer while he was handcuffed.

U.S. District Judge Gary L. Taylor ruled last week that the former jailer, William Howard Cross, used “unnecessary force” and injured Charles Alen Casse during the Jan. 18, 1989, incident at the city jail.

Cross resigned a month later after an internal investigation of his alleged actions, which were recorded on videotape. He has spent six months in jail in connection with the assault, according to Casse’s attorney, Hayward P. LeCrone, and city officials.

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Although city officials declined to provide legal representation for Cross in the lawsuit, they may decide to pay part of his damages to avoid further litigation with Casse.

“It wasn’t a million-dollar verdict, but on the other hand it’s not $10,000 or $15,000 either,” LeCrone said. “I think this sends a message out without killing the city.”

Cross, who had no legal representation, failed to appear for the trial and lost the case by default.

“I think Mr. Casse feels satisfied with the results,” LeCrone said.

Neither Casse nor Cross could be reached for comment.

According to LeCrone, the videotape shows Cross grabbing Casse’s wrists and then throwing him against a screen when he refused to stand with his legs apart. Cross, who is 5-foot-9 and weighs 220 pounds, later pulled Casse’s handcuffed arms behind his back, causing him to cry out in pain.

Casse, who was on vacation in Anaheim, had been arrested earlier in the evening on suspicion of public drunkenness, LeCrone said. The charge was eventually dropped.

Since the incident, Casse has complained of pain in his shoulders and back, LeCrone said.

In his judgment, dated Friday, Taylor said that Cross violated Casse’s civil rights. The judge awarded Casse about $23,000 for medical expenses, lost wages and court costs. An additional $75,000 was awarded for punitive damages.

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Anaheim Assistant City Atty. Lou Ann Merritt McLean said the City Council will discuss whether it will pay everything but the punitive damages during its council meeting tonight.

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