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SANTA ANA : Excessive-Force Suit Is Settled for $32,000

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A 30-year-old man, sentenced to a year in jail and three years of probation for a drunk-driving conviction last year, was awarded a $32,000 settlement by the City Council on Monday because a police dog bit him during his arrest.

City Atty. Edward J. Cooper said Santa Ana resident Robert E. Cole was bitten after police arrested him on suspicion of driving under the influence of alcohol.

Cole repeatedly disobeyed officers’ orders to stay on the ground as they attempted to arrest him, Cooper said, and was warned that the police dog would be used. The dog bit Cole twice on the thigh, the city attorney said.

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“It appears that excessive force was not used,” Cooper said. “However, we have had an adverse jury verdict in another similar case, so we decided to settle” the current lawsuit, he added.

Last September, the city paid $292,500 in another excessive-force lawsuit brought by a Riverside County man who alleged that a Santa Ana police officer threw him to the ground and beat him with a baton.

A federal jury had awarded the man $600,000, but attorneys agreed on the lesser amount.

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