East Valley Tribune - Metro Phoenix's East Valley region

Metro Phoenix's East Valley region

Sunday, Jul 5, 2009| 3:07 pm

Publish your Stuff

Log in| Become a member| Help

Search:

Chandler pays brutality claim, wins arrest suit

Gary Grado, Tribune

July 5, 2008 - 6:29PM

Digg| Save| License| Print| E-mail| Decrease text size Reset text size Increase text size

Chandler settled a police brutality case and won a judgment in a lawsuit in federal court in June. The city agreed to pay $7,500 to Stephen Madrid, 32, who accused a Chandler police officer of beating him with a flashlight while he was handcuffed on Nov. 15, 2005.

"One of the reasons we settled was he needed to get on with his life," said G. David DeLozier, Madrid's attorney. Madrid complained of lingering medical problems sustained from the alleged beating, which would have been difficult to prove at trial, DeLozier said. A trial would have cost Chandler and his client much more than $7,500, DeLozier said.

According to court documents, officer Mark Olivier went downtown in response to a 911 call made by Madrid. Police had responded to two calls in previous hours involving Madrid, but the victims in those calls refused to press charges. Olivier then arrested Madrid for a false 911 call.

Madrid was agitated, talking gibberish and uncooperative, court records say. Madrid kicked Olivier in the face, bruising and cutting his face, and in the ensuing struggle "both parties received further injury," the document states. Madrid was charged with aggravated assault and was acquitted at trial in May 2007.

In the other incident, U.S. District Judge John W. Sedwick granted judgment on June 26 in favor of the city and a police officer in a case in which a Chandler man accused police of violating his constitutional rights by ticketing him for parking on an unimproved surface, a misdemeanor violation of the city code.

Michael Sembach also sued a city judge for issuing an arrest warrant after he failed to show in court and the police officer who arrested him. Sembach argued that the officer had to possess the warrant when the arrest occurred.

Sedwick wrote that there were no constitutional violations. Sedwick refused to grant the city attorney fees, however, saying that "although a lawyer can easily see the lack of foundation," Sembach represented himself.

Comments

Reader comments: This site does not necessarily agree with comments posted below. Responsibility lies solely with the comment author.

Please add your comments, but follow these guidelines to keep this a safe, credible place for discussing the news:

  • Stay on topic.
  • No personal attacks, racial slurs or insults; no vulgar, lewd or threatening comments.
  • Report abusive comments.

More blogs

Publish your photos

Phoenix Light Rail Debut Phoenix Light Rail Debut
By Desertdawg from Ahwatukee

Vigilantes Kill 5 Vigilantes Kill 5
By BigAve from Gilbert AZ

Dinosaur Tracks Dinosaur Tracks
By BigAve from Gilbert AZ

Abby comes home Abby comes home
By Desertdawg from Ahwatukee

Publish your videos

More forums

Here's your chance to brag about an achievement for you or someone you know.

Publish your honors

Read the latest print edition

The e-Trib is an interactive online representation of the printed paper. Editions can be searched back to 2002.

Launch the e-Trib viewer

Already a member? Sign in here
Publish your stuff
Welcome, Please Log In
To login please enter your username and password in the form below and click on the login button.
Remember me
Retrieve Password
Resend Email
Enter the username and email address for your account to resend you your confirmation email: