By On the occasion of our 20th anniversary
By Gustavo Arellano
By R. Scott Moxley
By Alfonso Delgado
By Courtney Hamilton
By Joel Beers
By Peter Maguire
By Charles Lam
But in late January, U.S. District Court Judge David O. Carter considered Tustin's push to dismiss the lawsuit and declined the request.
"The city of Tustin contends [the lawsuit's claims of police wrongdoing] are insufficient because [Rezek] has 'stated nothing but boilerplate allegations,'" concluded the judge. "The court disagrees."
Carter specifically ruled Rezek can continue to pursue a claim that Tustin PD management tolerated bad policing as a practice and knew of alleged similar misconduct, but failed to discipline Chupp and Turner. The judge is also allowing the plaintiff to advance on his false arrest and malicious prosecution counts. However, Carter dismissed the claim of intentional infliction of emotional distress, and he dropped Jordan from the case as a defendant.
A seven-day jury trial is scheduled to begin Oct. 7 inside the Ronald Reagan Federal Courthouse in Santa Ana.