$5.6 million lawsuit filed in dunes case By MICHAEL A. SALORIO, Staff Writer
Thursday, January 29, 2004 2:38 PM PST
Attorneys for a 19-year-old Encinitas man filed a claim Wednesday seeking $5.6 million in damages from two U.S. Bureau of Land Management rangers, Sheriff Harold Carter and Imperial County.
Brian Boyd alleges BLM rangers Ray Leloup and R.C. Magill abused their power and used excessive force on him, resulting in spinal cord injuries, during an encounter in Glamis on Nov. 2.
Boyd alleges he received a beating from Leloup and Magill in what began as a misunderstanding over a recreational-use permit that Boyd possessed but the rangers thought he did not. The injuries suffered by Boyd (which included a bruised spinal cord in his neck) required him to be air-lifted to San Diego because of concerns his back was broken.
Three witnesses have stepped forward to support Boyd's allegation he received an unwarranted beating from the rangers. The witnesses are Boyd's mother, Roberta Boyd, and Lee and Pat Mize, an elderly couple from Granite Bay near Sacramento.
Lee Mize stated in an affidavit that Boyd, who appeared to pose no threat, was grabbed by one of the rangers with an "extreme" choke hold that looked like it could have snapped his neck.
Mize stated he next saw the ranger slam a handcuffed Boyd's face into the ground half a dozen times while he was yelling he could not feel his legs. Mize added the rangers appeared to think Boyd was "faking" it, picked him up and released him over the back of an ATV, into which he crashed before falling to the ground.
Boyd alleges the rangers waited 20 minutes before calling for medical help despite his pleas he could not feel his legs.
The claim filed at the County Courthouse in El Centro does not name the BLM as a defendant.
Gerald Singleton of Singleton & Associates of San Diego is representing Boyd. Singleton explained the BLM was not named in the claim because he wants his client to receive a jury trial in state court.
According to Singleton, federal tort law does not provide for a trial jury in cases such as his client's, where a federal judge would decide the matter. Since Leloup and Magill are cross-designated as sworn sheriff's deputies to allow them to enforce state law at Glamis, the county and Sheriff's Office are liable for damages, said Singleton.
"What happens is that a federal judge is not going to be very sympathetic or fair to our claim. Here we will get a jury of peers. The people of Imperial County will make a determination as to whether or not they want this type of behavior by law enforcement officers in the county. We believe we will get a fair trial if we get a jury from Imperial County as opposed to a federal judge," said Singleton.
Boyd is slowly regaining his ability to walk but neurological damage has left him with crippling pain in his legs and back, noted Singleton. The claim states Boyd's family has spent $70,000 in medical care so far.
Aside from Leloup and Magill being cross-designated as deputies, that they filed a report seeking charges against Boyd with the District Attorney's Office instead of with the U.S Attorney General further strengthens the contention the county is liable for damages, added Singleton.
The report claiming Boyd assaulted the rangers was filed Nov. 9 and was returned to the BLM on Nov. 25 because the DA's Office thought it needed more investigative work before being resubmitted.
District Attorney Gilbert Otero and Assistant District Attorney Joseph Beard were unavailable Wednesday to say whether the report has been resubmitted.
Carter said all BLM rangers who have been cross-designated as deputies have received proper training concerning California's laws regarding search and seizure and arrest procedures. Carter added the claim is taking a "shotgun" approach naming every person even remotely connected to the case so "they can reach the deepest pockets."
County Counsel Ralph Cordova said he could not comment on the claim as he had not yet seen it. Cordova added that even if he had seen the claim, it is his department's policy not to comment on ongoing litigation.
Bob Sellers, the supervisory resident agent at the FBI office in El Centro, said an investigation of the incident is still being pursued.
Singleton said the defendants named in the claim have 45 days to respond to it. Singleton added the claim will most likely be denied, which will allow a lawsuit to be filed.
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