CONCORD — A man whose conviction for resisting a police officer was overturned after that officer later pleaded no contest to stealing prescription drugs from seniors is suing the city.
In January, Ray Valentine sued Concord and former Concord police officer Matthew Switzer in U.S. District Court. The lawsuit alleges that the defendants violated Valentine’s constitutional rights, used excessive force, allowed a police dog to “maul” him without cause, and deprived him of a fair and impartial trial.
During his encounter with police, Valentine suffered deep puncture wounds and lacerations to his hands, arms and legs that required emergency surgery, according to the lawsuit. He seeks unspecified general and compensatory damages.
“The use of police K9s to attack and apprehend civilians is one of the most brutal police practices still used in the United States,” Fulvio Cajina, Valentine’s attorney, wrote in an email. “Unlike the use of pepper spray, Tasers or defensive tactics to take down a suspect, police dog attacks often leave victims with permanent psychological and physical injuries.”
Josh Clendenin, assistant city attorney, declined to comment on pending litigation. Attorney Harry Stern, who represents Switzer, did not respond to a request for comment.
On July 14, 2013, Valentine was driving a friend’s truck near Shary Circle and Detroit Avenue when Switzer began following him because the vehicle’s registered owner had outstanding felony warrants, according to the lawsuit.
Valentine did not realize Switzer was pursuing him, so he did not immediately pull over, the lawsuit says. Switzer pulled his gun when Valentine got out of the truck, even though Valentine — a Latino man of 55 at the time — did not resemble the vehicle’s owner, a 32-year-old white man, the suit says.
Although other police officers had arrived and Valentine was not trying to escape, Switzer released his police dog, who attacked Valentine, according to the lawsuit.
In January 2014, Valentine was sentenced to 110 days in jail for evading and resisting a police officer, and received 55 days’ credit for time served.
Four months later, Switzer, a 12-year veteran of the Concord Police Department, pleaded no contest to two counts of first-degree burglary, one count of second-degree burglary, one count of fraudulently obtaining prescription drugs, and one count of elder abuse. At the time, Stern said Switzer had become addicted to painkillers after an on-duty injury.
Switzer was sentenced to six months in County Jail with an additional two years suspended if he completed a licensed residential drug-treatment program.
The District Attorney’s Office in early 2015 requested that the appeals court dismiss Valentine’s conviction, the lawsuit says. In March 2015, the court reversed the conviction and dismissed the charges against Valentine, according to the lawsuit.
The District Attorney’s Office could not be reached to confirm its role in Valentine’s exoneration or to answer questions about whether other cases have been dismissed or other convictions have been overturned due to Switzer’s involvement.
Valentine’s attorney believes the Concord police should change its tactics.
“Going forward, we hope the city of Concord will train both its K9s and their handlers to minimize the damage they cause to civilians by, among other things, changing the dogs’ training from a ‘find and bite’ approach to a ‘bark and hold’ protocol in which dogs are trained to run down and corner suspects by barking at them, instead of biting them,” Cajina wrote.
Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.
