Fullerton to Pay $100,000 to Settle False-Arrest Suit

Saying they were vindicated, two former Fullerton residents won a $100,000 settlement Wednesday of their lawsuit accusing Fullerton police officers of falsely arresting them after they filed a complaint alleging police brutality.

The out-of-court settlement on behalf of Joyce and Jose Garcia, who said their divorce was caused in part by their ordeal with Fullerton police, came in the third week of a civil trial against the City of Fullerton and seven former and current police officers.

“We were not in it for the money; we were in it for the principle that this shouldn’t happen in our country and for the vindication of the Garcias in what they saw, what they did and the courage they demonstrated,” said their attorney, Frank Barbaro of Santa Ana.

Victor’s Reaction

Jose Garcia, 29, who now lives in Colorado, said he hoped the settlement would make people “feel more comfortable to question government authority without the fear of being arrested.”

Joyce Garcia, 38, now of Garden Grove, said the settlement should be a warning to police not to lie.

“I really wanted the case to go all the way (to conclusion),” she said. “I knew I was telling the truth, that our story was getting out and that people were understanding what was really happening.”

Barbaro said that jurors told him after the settlement was concluded that they were leaning toward awarding the $250,000 he was seeking.

Fullerton’s attorney, Peter M. Callahan of Tustin, said he also sensed the jury was favoring the Garcias and decided to settle to avoid a possibly larger verdict.

Complained of Beating

The Garcias had complained to Fullerton police that six police officers beat up a 19-year-old man while arresting him May 5, 1979, on a charge of disturbing the peace. The police report quoted the Garcias as saying that the arrested man was handcuffed and was being led to a police car when he was struck with a night stick by a police officer. The Garcias said they were misquoted by the police officer who took the report. But when the arrested man and other witnesses said he was not struck after being handcuffed, the Garcias were convicted of filing a false report with police.

Barbaro said that the information in the police report about the man being handcuffed when he was struck, and the failure by the prosecution to disclose that there were other witnesses who supported the Garcias’ claim, led to the couple’s conviction.

Contributed to Divorce

“My life was torn apart simply because we did what we thought was right,” said Jose Garcia, acknowledging that the entire incident “put pressure where I didn’t need it” and contributed to the divorce.

The conviction was overturned and the misdemeanor charges dismissed after the state Supreme Court ruled in another case that citizens could not be prosecuted for filing false reports about police brutality. The reasoning was that police wield enormous power and could frighten citizens out of making legitimate complaints.

Those other witnesses who supported the Garcias’ account of the incident--four students at Cal State Fullerton--testified last week that the arrested man, Albert Eugene King, was beaten by police in a free-for-all in which all the officers took jabs at the 5-foot-10, 160-pound man, Barbaro said.

King had been scheduled to testify today, the plaintiffs’ lawyer said.

Changed Their Minds

Fullerton officials, who had refused to make any settlement offer before trial, changed their minds after the students’ testimony and some inconsistent testimony from the police officers.

“Barbaro, in effect, tried the police officers and, I think, convinced the jury there was excessive force,” Callahan said.

“We didn’t offer anything before trial because we thought we had a good case,” he said. “But as we went into trial, I thought Barbaro did a good job, and I was concerned about the impression he was creating and that the jury wouldn’t see the case in full perspective by the end of trial.”

Barbaro will collect 40% of the verdict as his fee and another $10,000 or so will go toward court costs, leaving the Garcias with about $25,000 each, Joyce Garcia said.