MAN SUES CITY, 2 COPS

Claims Attack By Off-Duty Officers

Calvin Brooks, an East Palo Alto man who claims off-duty police
officers beat him so severely he needed a five-day hospital stay, has
sued them, the city and the department's former police chief for
allegedly violating his civil rights.

The lawsuit, filed Monday in U.S. District Court in San Francisco,
retells the tale of alleged brutality on an August night in 2004 --
one that a San Mateo County grand jury found compelling enough last
year to indict two East Palo Alto police officers and a volunteer
Explorer Scout.

The criminal trial of veteran officers Edward Rivers, 38, Johnny
Taflinger, Jr., 32, and of scout Eddi Tapia Torres, 19, was set to
begin this week.

But it has been postponed until March 6 because Craig Brown, an
attorney for the officers, is currently defending another: state
Bureau of Narcotic Enforcement agent Mike Walker, who shot a San Jose
man in the back last year.

The two East Palo Alto officers and the scout have pleaded not guilty.

In Brooks' lawsuit, he says he was walking to a 7-Eleven in East Palo
Alto when the three men, in plain clothes and driving a dark
sport-utility vehicle, asked him to get them some crack cocaine.

Brooks, who has past felony convictions for drug possession, assault
and robbery, returned with a rock of crack, which he handed over as
the men sat in their SUV. One of the officers, the lawsuit says,
began arguing with Brooks and tried to knock the rock from his hand.
Brooks walked off, only to hear them yelling and tires squealing as
they came after him.

As Brooks fled, his shoe came off and he fell. The officers unloaded
from the SUV and swarmed Brooks, the lawsuit says, and "began yelling
words to the effect that, 'We are the police. You are not going to
sell drugs around here and we are going to kill you.' "

Then, the lawsuit says, they hit and kicked him while he faded in and
out of consciousness.

He was in the hospital for five days. Another East Palo Alto officer
tipped off the district attorney's office. That led to the indictment
of each for two felonies: assault on a citizen under the color of
authority and assault by means of force likely to produce great bodily injury.

Each also is charged with a misdemeanor count of battery. If
convicted on all charges, the men face more than seven years behind bars.

A conviction would help Brooks' civil suit. And it might bring him a
big payday. Oakland attorney John Burris named no specific figure but
he said he believes "substantial damages should be awarded in light
of the egregious nature of the conduct."

And he added: If the cops are convicted in the criminal case, "that
would be extraordinarily helpful toward us proving our case."

Burris realizes, however, that the city will try to show it's not
culpable if the men beat Brooks while they were off-duty. He
disagrees. "I think we will prevail on that point," he said.

Michael Lawson, city attorney for East Palo Alto, would not comment
on the lawsuit.

"The city has just been served" with it, he said Wednesday. "We've
not had an opportunity to go through it in detail or report to the
council on it."

In April, the East Palo Alto City Council rejected an administrative
claim from Brooks with essentially the same charges, so a lawsuit was
not unexpected.

Taflinger and Rivers are still drawing their city paychecks, even
though they're not on active duty.