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Medford sued over treatment by police 'Racial issue' cited; $62,500 sought By DANI DODGE A 20-year-old Medford man is suing the city, claiming that Medford police officers beat him during an arrest. The man's attorney says they did it because the man is Hispanic. "In this instance they had a person in custody that was no threat whatsoever and they proceeded to beat him up," said attorney Michael Kellington, adding an officer called his client "Mexican." "Even if there wasn't a racial overtone to this, it would be scary, but the racial issue really makes it scary." Rolando Mendoza's lawsuit against the city of Medford - served to the city late Friday - asks for damages of up to $62,500 related to his arrest on Jan. 22, 2000. The city's insurance agency rejected an earlier claim for compensation, concluding the Medford Police Department acted reasonably and appropriately in their contact with Mendoza, who did not return phone calls seeking comment. The city's attorney and police chief declined comment on the lawsuit because they had not yet seen it. In April, Medford police Lt. Tim George commented on the case before the lawsuit was filed. He pointed out that Mendoza did not seek medical treatment after the arrest while he was in jail. He also noted that Mendoza ended up pleading guilty to several crimes related to his actions that night. George said Mendoza wasn't complying with police orders that night and may well have gotten a few cuts and scratches as a result. "The level of force used is based on level of resistance that the threat is using," George said. "He was taken to the ground and subdued. When you go to the ground you get scrapes and abrasions. I imagine that's how it happened." George declined to comment further at the time because of the possibility of a lawsuit. City Attorney Ron Doyle said the city gets very few lawsuits alleging excessive use of force. The incident occurred when Medford police were investigating some car break-ins in downtown Medford. They spotted Mendoza driving a yellow Oldsmobile in the parking lot of the Sunset Inn Motel and yelled at him to stop because they thought he might have someone involved in the break-ins in his car. He drove away. They caught up with him after he parked in the driveway of 515 Liberty St. There they arrested him. According to police reports, Mendoza continued to struggle even after he was handcuffed and they took him to the ground. In the report, police say Mendoza continued to loudly curse after being put on the ground. In a written statement, Mendoza - an American citizen who was a Rogue Community College student - said he did everything that officers asked and he only yelled to ask for mercy and point out he was not resisting. Mendoza said he was handcuffed, thrown on the ground, and an officer ground his face into the pavement with his knee. While on the ground he also was punched in the face by an officer, he said. His legs were tied and he was dragged on the ground to the police car. Mendoza said that once he got to jail, a corrections officer made him use his own sock to clean up his blood from the floor. Mendoza was charged with resisting arrest, disorderly conduct, reckless driving and attempting to elude police. He was released on $1,900 bail on a Sunday the day after his arrest. He went to see a doctor at the Medford Medical Clinic the next day. The doctor concluded that Mendoza suffered "multiple contusions/abrasions to the head, shoulders, arms and legs." In a written statement, Mendoza said pain and mental anguish continued long after the arrest. Later, Mendoza pled guilty to disorderly conduct and reckless driving. Charges of attempting to elude police and resisting arrest were dismissed. He was sentenced to two days in jail, 18 months' probation and his license was suspended for three months. Kellington claims the Medford police contact with Mendoza is part of a larger pattern of racial problems within the police force. He said he's heard of other cases of brutality against Hispanics by Medford police, but not by Jackson County sheriff's deputies or local Oregon State Police. The lawsuit claims the city is deficient because it failed to adequately train and supervise officers, it negligently hired officers without adequate background checks and was negligent to retain officers involved in Mendoza's arrest. "The city knows about problems with their Medford police officers. regardless of actions of an criminal, any criminal," Kellington said. "They have a duty to protect people in their county. "I will argue to the jury this was a racially motivated crime against my client." Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.