BAKERSFIELD, Calif. (KGET) — A man is suing the city of Bakersfield on allegations including excessive force, conspiracy and assault and battery on the part of police officers who broke a window and forcibly removed him from his car.
The suit, filed on behalf of Donte Heath by attorneys at Rodriguez & Associates, seeks damages in an amount to be determined but greater than $25,000.
Kason Guyton Trial: Oct. 15 “Defendants detained and arrested Heath, not only with excessive force against him, but also without reasonable suspicion, probable cause, or other legal justification,” the suit says.
The suit was filed Friday. A hearing is set for January.
Heath suffered a broken rib and tears to tendons in both shoulders and his right elbow, according to the suit.
When asked in January about the incident, police Sgt. Andrew Tipton said the following: “Officers have the right to use reasonable force to effect an arrest, and so if they need to take someone into custody who is refusing to get out of a vehicle, then they can use an appropriate amount of force to enter that vehicle, or a house, or whatever they need to in order to make that arrest.”
In the early hours of New Year’s Eve, Heath was pulled over after dropping off a friend at the Red Roof Inn, according to the suit. He had briefly unfastened his seat belt while in the hotel parking lot, the suit says, but fastened it after a BPD patrol vehicle’s spotlight lit up his 2019 Dodge Challenger.
Stopped in the 300 block of Oak Street, Heath’s vehicle was surrounded by five officers, according to the suit. Heath refused a command to get out. He asked for a supervisor.
Never miss a story: Make KGET.com your homepage An officer warned Heath to step out or he’d break his window; then he followed through, smashing it.
At that point, Heath said he’d get out. He opened the door then was grabbed by an officer who “slammed Heath’s body to the street,” according to the suit. Officers pinned Heath’s shoulders and twisted his arms back and up, according to the suit.
Heath was handcuffed and taken to jail. He was kept in custody for more than 12 hours, the suit says.
A detentions deputy, apparently remarking on his injuries, told Heath he’d received “the BPD Special,” according to the suit.
In April, Heath was charged with misdemeanor resisting arrest. That case is pending.
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