Man Alleges Police Assault, May Sue City

A 46-year-old man, alleging that a police officer broke his ankle while arresting him for jaywalking, has submitted a claim to the city for more than $100,000.

In the complaint, which is a prerequisite for filing a civil suit, Celestino R. Hernandez alleges that on the evening of Sept. 28, he was sitting on his front porch on the 1000 block of south Cypress Avenue when he was approached by Officer John Douthit.

The officer asked Hernandez for identification, according to the complaint and Douthit’s police report. Hernandez reportedly told the officer that it was in the house and started to get it.

Douthit, in his report, then told Hernandez to instead leave his porch and walk to the patrol car, where he would be cited for crossing the street outside of the crosswalk.

At this point, the two accounts diverge.

Hernandez, in his complaint, said he was “brutally assaulted” by Douthit on the sidewalk, resulting in a break in his ankle that required insertion of a metal pin. The injury, according to the complaint, has required two surgeries and is expected to require a third, incurring medical expenses in excess of $35,000.

In his report, the officer said Hernandez “had been drinking and was noticeably impaired.”

When he refused to comply with the officer, Douthit wrote, “I swept his right leg (out from under him) and sat him down.”

Douthit cited Hernandez for jaywalking but not for drinking in public or resisting arrest.

Hernandez’s attorneys acknowledge Douthit’s claim that Hernandez may have been holding a container of beer in a paper bag.

Douthit could not be reached Thursday, and police officials declined comment.

If the city does not accept the complaint, Hernandez can file suit in Orange County Superior Court.