Friday, March 28, 2014

San Diego's U.S. District Court dismissed Jane Doe's claims against 9 past San Diego Police Department Supervisors of Anthony Arevalos, convicted of sexually assaulting women in the famous "No DUI for Sex" scandal, California DUI attorneys report

San Diego's U.S. District Court dismissed Jane Doe's claims against 9 past San Diego Police Department Supervisors of Anthony Arevalos, convicted of sexually assaulting women in the famous "No DUI for Sex" scandal, California DUI lawyers report today.

One such victim, Jane Doe, said his supervisors covered up repeated sexual misconduct, violating her rights.  But the court said there lacks evidence even though he's presently in jail for almost 9 years for San Diego Gaslamp District DUI stops, California DUI attorneys are told.

The ruling does not change the fact that the City of San Diego is responsible under the law for Arevalos' misconduct while on duty, regardless of the fact that SDPD could not have prevented it. Plaintiff's attorneys, however, had sought to broaden the scope of the trial scheduled for May to include the claims which are the subject of Judge Anello's ruling. The ruling narrows the scope of the trial.
"The upcoming trial is about what injuries Jane Doe suffered and how much she should be awarded," said City Attorney Jan Goldsmith, who pointed out that the City settled with the other 12 victims because the City understands its legal responsibility. "She says she fears being outside because of the incident, for example, and should be awarded damages for that. We want the jury to see all the evidence and set a reasonable amount for whatever injuries they find she, in fact, suffered. That's what the case is about."
The decision does not change the City's commitment to an independent federal review of SDPD's processes. "The federal review is not about legal liability. We want to know how SDPD can do better," said Goldsmith. "We want SDPD to meet a standard of excellence and we want people to have confidence in our police officers."

Arevalos was convicted in November 2011 of felony and misdemeanor charges involving five women, including multiple counts of sexual battery by restraint, asking for a bribe and assault and battery by a police officer. He was acquitted of other serious charges involving two other women.
Two of the convictions were overturned last month. Arevalos's attorneys are also seeking a new trial because handwritten notes from Doe, who is the main accuser, were not turned over to the defense.