LOS ANGELES – A Dodgers fan who alleges he was beaten by security team members at Dodger Stadium on Opening Day 2018 has responded to a motion by one of the individuals he has sued, saying the Los Angeles police sergeant did nothing when a guard placed his knee on the plaintiff’s neck and interrupted his breathing.
Attorneys for Sgt. Mark Jackson recently filed court papers in Los Angeles Superior Court asking for the dismissal of all or part of the claims against Jackson by plaintiff Francisco Rodriguez, which include battery, false imprisonment and negligence.
The team and other individuals also are defendants in the lawsuit, which is one of multiple cases brought by Dodger Stadium visitors over the last several years alleging misconduct by security team members.
“I was present during the deposition of Sgt. Mark Jackson when he testified under oath that placing a knee on someone’s neck who was face down in the process of being arrested was improper use of deadly force,” Rodriguez says in a sworn declaration filed Wednesday in opposition to Jackson’s dismissal motion. “He also testified during the deposition that it would be his affirmative duty and obligation to prevent such improper conduct.”
But Jackson was untruthful when he testified that he never saw LAPD Officer Erik Pena place his knee on Rodriguez’s neck, according to the plaintiff.
In his suit filed in July 2018, Rodriguez maintains he asked guards about the way another fan was being treated by a security team member during the March 29, 2018, game, then was told he was being ejected. When he asked the escorting guards on the way to the exit why he was being thrown out, the security team took him to the ground and punched him in the head, the suit states.
Pena placed his knee on the plaintiff’s neck, the plaintiff’s court papers state.
“While I was face down on the ground with multiple security personnel on my back, (Pena) had his knee on my neck and I couldn’t breathe,” Rodriguez says. “I cried out many times `I can’t breathe’ in an attempt to get help so I could get air into my body. I felt like I was going to die.”
Jackson, in uniform, was “standing over me like a statue and doing nothing to help me,” according to Rodriguez.
Prior to being ejected, Rodriguez and a friend met with a representative for the mayor’s office during the fourth inning, the plaintiff says.
“Because it had been a good conversation, I was in a good mood, so I bought my second and final beer of the day,” Rodriguez says.
Jackson was added as a defendant after the case was filed, but the sergeant’s lawyers maintain he has no liability.
“At no time during this entire incident did Sgt. Jackson make physical contact with plaintiff,” according to Jackson’s attorneys’ court papers, which further state that the off-duty sergeant watched as the plaintiff was being removed from the stadium after hearing over the radio that he was being ejected.
Jackson saw that Rodriguez appeared to be intoxicated, was very agitated and was uttering multiple profanities toward the security personnel and the sergeant and the other security team members tried to de-escalate the situation, Jackson’s lawyers state in their court papers.
“Sgt. Jackson observed Rodriguez turn his back to him and fellow Dodgers security officer Erik Pena, then turn back around toward Pena, grab Pena by the collar to pull Pena closer to him and punch Pena on his left cheek with his right fist, causing a loud thud,” Jackson’s attorneys further maintain in their court papers.
Rodriguez says Pena punched him at least five times in his ribs and stomach and denies that he was belligerent, yelling or using profanity while being escorted out.
Jackson’s attorneys further state in their court papers that the sergeant was not in direct physical contact with Rodriguez and stayed 5 to 15 feet away so he could monitor the situation and ensure that onlookers and bystanders did not become involved.
One guard put a knee on Rodriguez’s left shoulder and Pena placed a knee on the plaintiff’s right shoulder so he could be handcuffed, Jackson’s attorneys state in their court papers.
“Based on the nature of the situation and what defendant Sgt. Mark Jackson subjectively observed, it cannot be said that the mere act of him standing at a distance to monitor the situation and the crowd of onlookers to fulfill his supervisory duties was negligent,” Jackson’s attorneys argue in their court papers.
A hearing on Jackson’s motion is scheduled June 21 before Judge Jill Feeney. In a separate motion, Rodriguez’s attorney is seeking a court order directing the LAPD to turn over personnel records regarding prior complaints against the Pena and Jackson.
