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.
“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.”