SANTA ANA : City to Pay $150,000 on Brutality Claim

The City Council will pay $150,000 to settle a brutality claim by a man who alleged that his jaw was broken by a veteran police officer.

The council decided in closed session Tuesday to offer the cash settlement to city resident Hector Rodriguez rather than take the case to court. Rodriguez’s original claim was for $427,000 including medical costs, lost wages, pain and suffering, and punitive damages.

City Atty. Edward J. Cooper said the incident occurred when Officer Steve Serrano stopped Rodriguez while investigating a report of someone firing a gun at street lights in the early morning hours of of July 5, 1990.

According to Cooper, Serrano found a loaded .38-caliber revolver in a driveway and arrested Rodriguez, then 23, at the scene.

The claim alleges that Serrano struck Rodriguez with the gun, breaking his jaw, a charge that the officer denies, Cooper said. There were no witnesses to the altercation. Rodriguez was arrested on suspicion of possessing a loaded firearm, but was released because of insufficient evidence. No charges were filed.

Rudolfo Ginez Jr., Rodriguez’s attorney, said he believes the Police Department does not do enough to deter police brutality. He said he hopes the settlement will change that.

“I’m not anti-law enforcement, or anti-police, but I am anti-brutality,” Ginez said. “When police officers lose respect for the law, how can they expect residents to obey the law? I don’t think the message is getting across to the police officers. There has to be some fundamental policy change.”

Earlier this summer, Santa Ana settled three claims against police for a total of $68,000, including one case in which a 5-year-old boy was handcuffed and questioned when he was suspected of causing a small garage fire.