Drunk Cop Punched & Aimed Gun At Black Man Lawsuit Alleges

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A Berkeley police officer has been slammed with a lawsuit for racial profiling and assault. In response to courtroom 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 buddy’s home in Antioch in 2022. Within the go well with, 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 buddy’s house that he regularly visited with out having any “detrimental encounters with anybody within the neighborhood.”

When he was moving into his automotive, 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 commenced 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 accordance with Lindhurst’s grievance. Making an attempt to de-escalate the state of affairs, Lindhurst and his buddy, who was not named within the go well with, tried to elucidate to Marble that he was simply visiting his pal who lived within the space, however the officer allegedly responded with violence. In response to the go well with, Marble charged at Lindhurst and punched him “in the best facet of his face.”

“Mr. Lindhurst, who feared that he can be attacked once more, ready to name 911,” the go well with states. After he attacked Lindhurst, the officer walked away along 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 state of affairs and that Mr. Lindhurst wanted to obey him,” in accordance with the grievance.

His buddy, who was additionally Black, tried to de-escalate the state of affairs, 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 house,” the lawsuit says.

Lindhurst allegedly suffered bruises to his face and emotional misery from the incident, in accordance 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 response to Berkeleyside, in August 2022, Antioch police investigated the incident and “referred misdemeanor expenses” of battery and exhibiting a concealable weapon towards Marble. The costs had 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 as a consequence of inadequate proof to show the case past an inexpensive doubt,” public data officer Ted Asregadoo advised Berkeleyside through e mail.

Town has but to reply.

John Burris, an legal professional for Lindhurst, stated that the officer’s abusive conduct was “a basic case of racial profiling.”

“These younger males had achieved nothing improper, one of many younger males lived within the neighborhood,” Burris added. “The conduct itself was not stunning to me, it’s not a one-off.”