Newport Police Violated Rights, U.S. Jury Says

A federal jury agreed Thursday that two Newport Beach police officers violated the civil rights of an advertising executive during a 1986 traffic arrest, and ordered the two officers, two former police chiefs and six City Council members to pay the man $285,000 in damages.

“It is an amazing verdict,” said Stephen Yagman, the attorney who represented Everett Temme, the 56-year-old executive who was ordered off his yacht, beaten and jailed on charges that were later dropped, after he failed to heed the orders of an officer directing traffic on a Newport Beach street.

“We have finally nailed the city of Newport Beach from front to back, top to bottom, inside and out,” Yagman said. “This is the first time a jury found that the city is directly involved in ratifying use of excessive force within a police department,” he added.

The U.S. District Court jury awarded Temme $30,000 in compensatory damages and $255,000 in punitive damages, which are to paid by the arresting officers, former Chiefs Arb Campbell and Charles Gross, and the council members, who the jury concluded knowingly tolerated the use of excessive force by members of the city’s Police Department.

The city of Newport Beach, which was also held to be responsible for civil rights violation, must also pay Temme’s legal costs, estimated at more than $200,000.

The verdict, which followed 13 hours of jury deliberation over the course of three days, surprised all parties involved, including Temme.

“I didn’t know what to expect. It is a feeling of vindication,” Temme said. “I am just happy that it is wrapped up and I can go home.”

The decision stunned Newport Beach officials.

“I think it is outrageous,” said City Atty. Robert Burnham, who said the city would probably seek a new trial, and almost certainly will appeal if its motion for retrial is denied.

Tom Feeley, the attorney who defended the city as well as the police officers who were the principal targets of the suit, said he believes jurors were influenced by the Rodney King case.

“I am surprised and disappointed . . . and in talking to the jury, some were wanting to send a message” about police brutality, he said.

In June, 1986, Temme, a Nevada resident who lived part-time on a yacht in Newport Beach’s Marina Dunes area, was driving to his boat in his silver BMW when he encountered officers Richard Thompson and Scott McKnight at Bayside Drive and Coast Highway. The officers were directing traffic because of a faulty traffic signal.

Temme testified during the trial that he tried to ask the officers’ permission to make a left turn onto Bayside Drive, but his request was answered with a string of profanities and angry gestures with police flashlights to move forward on Coast Highway.

Thompson testified that instead of following orders, Temme accelerated and swerved to the left, nearly hitting him. Feeley argued that Thompson reacted in self-defense when he hurled his flashlight through Temme’s back window.

Again, Temme’s story differed. He said that Thompson smashed the window before he began to make a turn and that he sped away fearing that the window had been hit by a bullet.

Thompson and Temme met again in the Marina Dunes parking lot about 15 minutes later, after Temme called the police to report the incident, and Thompson had rounded up two other police officers to help him arrest Temme.

During the trial, Temme accused the officers of shoving him, bashing his head against the ground and through the broken car window. Thompson and McEveny disputed that account, saying they treated him roughly because Temme reeked of alcohol and resisted arrest.

Temme sustained only minor injuries and refused medical treatment, Feeley said.

Officer Richard Thompson, who was most directly involved in the incident, was found liable for $40,000 in punitive damages for violating Temme’s civil rights. Sgt. Michael McEveny, who assisted in Temme’s arrest, was found liable for $27,500 in damages. A third officer present at the arrest, Bruce Tice, was not held to be responsible for the civil rights violation and was thus not ordered to pay any damages.

In addition, the 12-member jury concluded that the then-City Council and two former police chiefs should be liable for knowingly tolerating a pattern of excessive force by the department’s officers.

Gross, who was Newport Beach police chief from 1976 to 1986, and Campbell, who was acting chief at the time of the incident, were found liable for $32,500 and $35,000 in damages, respectively. Campbell was recently fired by the city in the wake of allegations that the department he headed was a hotbed of sexual harassment, which he condoned.

City Council members Donald Strauss, John C. Cox Jr., Ruthelyn Plummer, Jacqueline Heather, Phillip Maurer and William Agee were each held liable for $20,000 in punitive damages.

Councilwoman Evelyn Hart, who was on vacation at the time of the incident, was dismissed from the case.

Thompson suffered an injury more than a year ago and is about to retire, according to a police official. McEveny left the Police Department about six years ago.

Only Cox is still on the City Council.

Even if Thursday’s jury verdict is upheld, this will not be the last time that Temme and Campbell tangle in federal court here. In 1991, Temme lost a similar civil rights lawsuit against the Newport Beach police springing from a domestic dispute arrest, and Campbell and one of his lieutenants have a pending damage suit against Temme for injury to their “fame, reputation and character” and for “emotional distress” caused by that Temme lawsuit.