Huntington Beach wins appeal of police force case

The city of Huntington Beach won a United States Ninth Circuit Court of Appeals ruling Tuesday in a police force case from 2018.

Circuit judges Richard Paez, Consuelo Maria Callahan and Andrew Hurwitz confirmed a federal jury ruling that two Huntington Beach Police Department officers did not use excessive force when they arrested Maliek Rosier on June 24, 2018.

“We’re pleased with the outcome of the appeal,” Huntington Beach City Atty. Michael Gates said. “It validated the lower court jury decision in the city’s favor and in the officers’ favor. These are always difficult cases, especially now ... [but] we really enjoy defending our police officers and the good work they do to keep us safe in Huntington Beach.”

Rosier had alleged that officers Matthew Reza and Alexander Durham had physically battered him and used excessive force as he was leaving the beach following a 10 p.m. curfew. His lawsuit said that when he returned to the beach to retrieve his friend’s shoes, Reza and Durham confronted him, handcuffed him and put him in a chokehold that caused him to lose consciousness.

He said he suffered from post-traumatic stress disorder, but the city argued that could be because he had been the victim of a stabbing in a subsequent incident months later.

Gates argued that Rosier had a bottle of whiskey in his hand on the night of the arrest that police believed could be used as a weapon, and that he refused to comply with officers.

Jurors in a federal civil trial ruled in favor of the city in February 2020, but Rosier appealed. The appeal was heard virtually on Aug. 6, with Gates representing the city and appellate attorney David Schlesinger representing Rosier.

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