CARLSBAD — The city scored a partial win from a motion concerning an ongoing federal lawsuit regarding the alleged battery of a woman by Carlsbad police officers in 2013.
The city filed a motion in December to strike a web address concerning a YouTube video of police officers allegedly beating Cindy Hahn, a Valencia, Calif., woman who was visiting friends at the beach in July 2013.
According to Hahn’s suit, which was filed last fall, she was pulled over by police after a previous engagement.
She was then pinned down and another officer races in and starts punching and kneeing Hahn.
A third officer is seen in the video watching and is accused of preventing witnesses from either helping or recording the incident.
The court granted part of the motion, but denied another request.
Judge Dana Sabraw struck the web address of the YouTube video from further proceedings as it is not intended as an assertion of fact, but intended as “evidence to support specific allegations by plantiffs (sic),” Sabraw ruled.
In addition, Sabraw struck Hahn’s husband, Brandon, and children from the suit as they also joined the action in seeking damages to Cindy Hahn.
Sabraw ruled those aspects of the suit came after the required six-month period to file action.
The city also sought to dismiss Hahn’s suit citing the same precedent, however, the judge ruled since she was in the midst of criminal charges by the San Diego County District Attorney’s Office, she was entitled to “tolling,” or delaying the statute of limitations. Thus, Hahn’s suit will continue.
The city’s motion argued Hahn violated the statute of limitations and forfeits tolling, which would render the suit “untimely.”
“The court declines to read such a draconian penalty into the statute where none is provided, either expressly or implicitly,” Sabraw wrote.
Hahn filed the suit after fighting against felony charges for two years after the incident.
The DA’s office dropped the case last year after the video surfaced.
Hahn hired Los Angeles attorney Mark Geragos, while the Meyers-Fozi firm, based in Carlsbad, represents the city.