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Federal Suit Claims That Police Used Excess Force : Huntington Beach: The two litigants alleged that they were beaten by officers and bitten by a police dog during arrests for no apparent reason.

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TIMES STAFF WRITER

Two men filed a federal lawsuit against Huntington Beach and several of its police officers Monday, claiming that they were beaten by the officers and attacked by a police dog.

The lawsuit, which seeks unspecified damages, is the latest in a series of alleged use-of-excessive-force complaints against the city’s police officers.

James Christopher Dahl, 30, and Ronald L. Shugart, 36, both of Huntington Beach, said that in separate incidents officers beat them with batons or flashlights and had a police dog attack them for no apparent reason. Both men said they received significant injuries, including severe bruises, cuts and dog bites.

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Police Lt. Ed McErlain said both men were arrested, but he denied that officers acted improperly. He also denied allegations that there was a pattern of excessive force being used by the department.

“I think there’s no doubt that law enforcement in general is suffering the fallout from the Rodney King incident,” McErlain said. “ . . . (It) certainly has prompted more people to file complaints for whatever reasons.”

City Atty. Gail C. Hutton, who had not received a copy of the lawsuit, declined comment.

In the Dahl incident, police allegedly received a complaint of a loud party at his apartment on Sept. 22, 1990, and were dispatched to break it up, the lawsuit said. When the officers arrived, they asked Dahl to “step outside of his apartment so that he could be cited,” the lawsuit added.

According to Dahl’s attorney, Barry Fisher, Dahl obeyed but was still attacked.

“They immediately grabbed him and hit him with their batons, breaking his shoulder,” Fisher said.

After they beat Dahl, Fisher said, they allowed a police dog named Brent to attack and bite him.

Police arrested Dahl on suspicion of assaulting an officer and the police dog. Dahl, whose father is a sergeant with the Huntington Beach Police Department, was later acquitted of the charges.

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About two months later, on Nov. 25, 1990, police attempted to question Shugart about riding a loud motorcycle through a mobile home park, the lawsuit said, adding that Shugart, who had an outstanding warrant, fled from the officers.

While running away, Shugart hurt himself and attempted to surrender, the lawsuit said.

Despite his attempt to give up, police threw him to the ground and hit him, probably with their flashlights, the lawsuit said. Then, they released the dog, which bit Shugart, the lawsuit said.

Both Dahl and Shugart contend that their civil rights were violated. Named as defendants were: the city, Huntington Beach Police Chief Ron Lowenberg, Officers John Cottriel, E. Krause, Charles Conlosh, and an officer identified only as Rand.

The Police Department has come under criticism from citizens who claimed that they have been physically abused by overzealous officers during arrests.

In July, more than half a dozen residents complained that officers wielding batons needlessly broke up their parties and beat them and their guests for no apparent reason. Because of the complaints, police launched an internal investigation.

Another complaint about alleged police abuse surfaced at the Aug. 19 City Council meeting. A resident, Chris Vollentine, told the council that he planned to file a suit against the Police Department under a statute prohibiting “hate crimes” against homosexuals.

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Vollentine told the council that he had been harassed and ridiculed by an arresting officer last April 3.

Chief Lowenberg told the council that an internal investigation of Vollentine’s allegations was completed and that “no wrongdoing on the part of our department” was found.

Times staff writer Bill Billiter contributed to this report.

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