Inglewood Officer Wrongly Suspended, Mediator Says

Inglewood officials violated the city’s own regulations by suspending Officer Bijan Darvish for his involvement in the videotaped beating of a teenager in July 2002, an arbitrator has ruled.

Both sides agreed on the selection of arbitrator Robert D. Steinberg, who recommended that the city exonerate Darvish and pay him back wages for the 10-day suspension, according to a written report.

The city administrator must decide whether to accept, reject or modify that recommendation.

City officials determined that Darvish had used appropriate force, but suspended him for failing to report alleged misconduct by his partner, former Officer Jeremy Morse, who was caught on tape slamming Donovan Jackson against a patrol car and punching him in the face.

Both men were charged with crimes. Darvish was acquitted of filing a false police report. A judge dismissed an assault charge against Morse after two juries deadlocked. A federal civil rights lawsuit has been filed against both men.

The incident occurred July 6, 2002, when Morse and Darvish subdued the teenager during an arrest at an Inglewood gas station. Morse was fired after the confrontation. Darvish was suspended for failing to report that Morse had grabbed Jackson’s neck. Darvish appealed the suspension, prompting a two-day hearing at the city attorney’s office last month. Inglewood officials called several witnesses, including Police Chief Ronald Banks, who said Darvish should have more fully reported the incident. But others in the department disagreed.

Steinberg wrote that he viewed the tape several times and determined that “in real-life speed, it would have been impossible for anyone to see whether Morse’s hand or right forearm was placed on or across the front of Jackson’s neck.” Darvish did not necessarily see such an act, Steinberg said in the report, dated Feb. 10.

And even if he had, Darvish should have received only a written reprimand for his “innocent failure” to report it, Steinberg wrote.

Darvish’s attorney, Corey Glave, said Friday that his client was very happy his name was “being cleared in every arena that he goes into” and was looking forward to putting the incident behind him.

“Every time the facts come out, Darvish comes out vindicated,” Glave said. “Based on the evidence in this case, I expected that the arbitrator would rule in this way.”

Inglewood City Administrator Mark Weinberg could not be reached for comment. City Atty. Emmerline Foote said she had not yet seen the report.