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A Berkeley police officer has been slammed with a lawsuit for racial profiling and assault. In line with court docket paperwork obtained by Berkeleyside, Brian Lindhurst Jr. is reportedly suing Sgt. David Marble, an officer who allegedly attacked him and yelled racial slurs after he left a good friend’s home in Antioch in 2022. Within the swimsuit, Lindhurst, who’s Black, additionally accused Marble of brandishing his gun and punching him.
As per the lawsuit, Lindhurst claimed that the incident occurred round 2:15 a.m. on July 16, 2022, as he was leaving a good friend’s residence that he steadily visited with out having any “detrimental encounters with anybody within the neighborhood.”
When he was stepping into his automobile, Marble allegedly started yelling at him, demanding to know why he was within the space, the grievance states.
Marble, who was off responsibility on the time, and his canine blocked, Lindhurst from driving off and started swearing and shouting racial slurs. The lawsuit alleges that the officer was “extraordinarily aggressive” and “clearly intoxicated” when he accosted Lindhurst.
At one level, the off-duty official allegedly yelled, “You all don’t belong right here, n*ggers don’t belong right here,” in line with Lindhurst’s grievance. Making an attempt to de-escalate the scenario, Lindhurst and his good friend, who was not named within the swimsuit, tried to clarify to Marble that he was simply visiting his pal who lived within the space, however the officer allegedly responded with violence. In line with the swimsuit, Marble charged at Lindhurst and punched him “in the fitting aspect of his face.”
“Mr. Lindhurst, who feared that he could be attacked once more, ready to name 911,” the swimsuit states. After he attacked Lindhurst, the officer walked away together with his canine and allegedly returned seconds later with a semi-automatic handgun, aiming it at Lindhurst.
“Sergeant Marble responded, ‘I’m the Legislation,’ invoking his standing as a regulation enforcement officer and implying that he was the authority determine within the scenario and that Mr. Lindhurst wanted to obey him,” in line with the grievance.
His good friend, who was additionally Black, tried to de-escalate the scenario, once more, begging Marble to decrease his gun. “After a number of minutes of pleading, Sergeant Marble yelled extra profanities on the two males however lastly lowered his gun and walked again inside his residence,” the lawsuit says.
Lindhurst allegedly suffered bruises to his face and emotional misery from the incident, in line with the grievance. He’s suing Marble on allegations of negligence, assault and battery, intentional infliction of emotional misery, false imprisonment and violations of state and federal protections.
Antioch Police investigated the incident, however the authorized course of didn’t go far.
In line with Berkeleyside, in August 2022, Antioch police investigated the incident and “referred misdemeanor fees” of battery and exhibiting a concealable weapon towards Marble. The costs have been despatched to the Contra Costa County District Lawyer’s Workplace, however the case was by no means filed. “The case was reviewed by our workplace however not filed on account of inadequate proof to show the case past an affordable doubt,” public info officer Ted Asregadoo informed Berkeleyside by way of electronic mail.
The town has but to reply.
John Burris, an legal professional for Lindhurst, stated that the officer’s abusive habits was “a traditional case of racial profiling.”
“These younger males had finished nothing incorrect, one of many younger males lived within the neighborhood,” Burris added. “The conduct itself was not shocking to me, it’s not a one-off.”
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The publish ‘N*ggers’ Do Not Belong Here’: Drunk Berkeley Cop Aims Gun At Unarmed Black Man Visiting A Friend, Lawsuit Says appeared first on NewsOne.
‘N*ggers’ Do Not Belong Here’: Drunk Cop Aims Gun At Unarmed Black Man Visiting A Friend, Lawsuit Says
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