Costa Mesa Police Lose $70,000 Suit Over Arrest

A jury awarded $70,000 Thursday to a man who sued the Costa Mesa Police Department after he was arrested as he left a Guns N’ Roses concert at the Pacific Amphitheatre four years ago.

Anthony Rzepa, 38, of Upland and owner of a Jet Ski rental company, alleged in a lawsuit that the incident started when he misunderstood a traffic officer’s hand signals just outside the concert.

“He became bottle-necked in the intersection, and a police officer approached his vehicle and tried to pull out the keys,” said Rzepa’s attorney, Monica M. Jimenez. “The officer said he had obviously had too much to drink and asked him to exit the vehicle and wait on a street corner.”

Rzepa was given a field sobriety test that the officer decided he had failed. He was taken to the Costa Mesa Police Department, where he was given a blood and a breath test, which showed no trace of alcohol, the attorney said.

“They said he was flushed, swaying side to side, with slurred speech and bloodshot eyes,” Jimenez said. “But, after he tested double zeros, they let him go.”

Jimenez said Rzepa had not had anything to drink during the concert, which made his arrest all the more “outrageous.” Rzepa also alleged that officers injured his shoulder by forcefully handcuffing him at the scene.

The verdict came after a three-week trial in Orange County Superior Court. The jury award was the amount Rzepa sought in his suit, which accused police of false arrest, false imprisonment, battery, violation of civil rights and negligence.

“This is a wonderful verdict,” Jimenez said. “My client wasn’t looking for money. He was looking for an apology and vindication that he was right. This was so important to him on principal.”

Costa Mesa police officials and their attorney could not be reached for comment Thursday.