"Jane Doe" to pursue federal lawsuit against former SDPD Officer - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

"Jane Doe" to pursue federal lawsuit against former SDPD Officer Arevalos

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SAN DIEGO (CNS) - Attorneys for a woman sexually assaulted by an on-duty San Diego policeman in a convenience store bathroom said Friday they will proceed with a federal lawsuit despite a judge's decision to dismiss claims against former Officer Anthony Arevalos' supervisors.

Jane Doe's lawsuit seeks an independent outside monitor of the SDPD with authority to require change on the troubled department, her attorneys said.

Trial is set for July 8.

On Thursday, U.S. District Judge Michael Anello ruled that nine of Arevalos' supervisors -- including former Chief William Lansdowne and former Chief David Bejarano -- should not be part of Jane Doe's lawsuit.

Arevalos' main accuser claimed that his supervisors intentionally covered up his repeated misconduct, thereby violating her constitutional rights.

Anello ruled there was no evidence to support claims that SDPD supervisors had "knowledge that Arevalos was engaged in conduct that posed a pervasive and unreasonable risk of constitutional injury" or that they displayed "inaction in the face of widespread abuses."

According to City Attorney Jan Goldsmith, the judge's ruling does not change the fact that the city of San Diego is responsible under the law for Arevalos' misconduct while on duty, regardless of the fact that SDPD could not have prevented it.

"The upcoming trial is about what injuries Jane Doe suffered and how much she should be awarded," said Goldsmith, who pointed out that the city has settled with 12 other victims of Arevalos because the city understands its legal responsibility.

Goldsmith said Anello's ruling does not change the city's commitment to an independent federal review of SDPD's processes.

Arevalos was convicted in November 2011 of felony and misdemeanor charges of sexual battery, asking for a bribe and assault and battery by a peace officer involving five women he stopped in the Gaslamp District.

Jane Doe was assaulted after Arevalos pulled her over near downtown on suspicion of DUI.

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