Dec. 02--SAN FRANCISCO -- A man who accused former BART police Officer Johannes Mehserle and four other officers of beating him lost a federal civil rights lawsuit Thursday that sought at least $1 million in damages.
A federal jury in San Francisco found that Mehserle and the other officers did nothing wrong when they arrested Kenneth Carrethers two years ago after the Oakland resident had criticized the officers for being lazy and then, according to the officers, walked behind a cop with his fist clenched.
Carrethers claimed that he never physically attempted to harm any officer at the Coliseum BART station but instead was beaten, hog tied and arrested simply for cursing at the officers because his car had been broken into twice while parked at the station.
But the jury of five women and two men did not believe Carrethers' version of events and instead decided that BART and the police officers followed proper procedures in arresting Carrethers. As a result, they decided not to award Carrethers any monetary damages.
The jury also rejected claims filed specifically against Mehserle. Those claims included battery and malicious prosecution.
Also named in the suit were Lt. Keith Smith and Officers Douglas Horner, Robert Haney and Frederick Guanzon.
"We are pleased with the verdict. The officers always believed they acted appropriately," said Dale Allen, an attorney representing BART, Mehserle and the officers. "Mr. Carrethers believed
he was wronged, the officers believed they did no wrong and the jury decided they did not."
The jury's decision was based primarily on testimony given by Carrethers, the officers and two station agents who witnessed the confrontation. No security camera footage was available and no other BART travelers stepped forward to say they witnessed the events that occurred Nov. 15, 2008.
All the officers who said they witnessed the confrontation testified that they saw Carrethers approach Guanzon's back with a clenched fist. The two station agents also testified that they saw Carrethers approach the officer.
Carrethers' attorney, Christopher Dolan, suggested the lack of witnesses and security camera footage was a result of a BART conspiracy designed to hide the fact that the transit organization's police officers used excessive force against an African-American rider.
Dolan said the officers purposely did not seek witnesses after the event and intentionally decided not to ask for security camera footage of the incident. By the time the lawsuit was filed and Dolan sought the videotape, it already had been deleted as part of the agency's routine practices.
Allen said Thursday that the transit agency has since changed its policies on security camera footage, now mandating that officers request video for any arrest made on BART property.
Carrethers said he first lodged a complaint with BART police about five days after the incident. BART said it had no record of a complaint being filed until Dec. 27.
Carrethers' lawsuit against BART and Mehserle was filed in March 2009, just two months after the two-year BART officer was charged with murder in the shooting death of Oscar Grant III on the Fruitvale BART station platform on Jan. 1, 2009.
Copyright 2011 - The Oakland Tribune, Calif.
