By Hector Gonzalez
Staff Writer

June 29, 2015 -- A local man who says he was roughed up while being arrested at a Santa Monica park could file a civil lawsuit as early as this week, after the City denied an excessive-force claim filed against two police officers, his attorney said Friday.

Attorney Justin Sanders filed the claim on May 8 against the two officers, the Santa Monica Police Department (SMPD) and the City of Santa Monica for injuries his client says he suffered after allegedly being pushed to the ground by police while handcuffed during an April 21 arrest at Virginia Avenue Park.

The City had 45 days to respond to the claim.

“The City denied the claim, which we expected,” Sanders said, adding that he was waiting only for the results of recent medical tests, due back within days, before moving to sue against the parties named in the claim.

Sanders said his client, 36-year-old Justin Palmer of Santa Monica, continues suffering from injuries and undergoing medical exams and treatment. His claim specifically cites shoulder and neck injuries, among other injuries, said Sanders.

“He's not doing good,” Sanders said Thursday. “He hasn't been able to return to his normal routine. Things have definitely not been good for him since it happened.”

The Santa Monica City Attorney's Office on May 4 declined to pursue any charges stemming from Palmer's arrest on suspicion of violating a city park closure ordinance and delaying and obstructing an officer in the performance of his duties.

Chief Deputy City Attorney Terry White said in a statement the incident did not meet the legal standard of proof required to bring a case to court.

According to Sanders, Palmer drove to Virginia Park in his electric car to use the park's free electric-vehicle charger for work the next day, arriving well before the posted closing time of 11 p.m. He was waiting his turn to charge up and had just hooked up his car when two Santa Monica police officers came up to him and informed him the park was closed (“Attorney Claims 'Super-Aggressive' Santa Monica Officers Roughed Up His Client,” April 29, 2015)

Sanders said the officers asked Palmer to leave. When Palmer questioned police, they asked for his identification. According to Sanders, one officer then asked Palmer if he was refusing to show his ID.

“My client said, ‘I’m just asking, what did I do wrong?’” said Sanders.

Sanders alleges that Palmer was then handcuffed and immediately had his legs swept from under him by police, causing him to land on the side of his face. An officer then sprayed pepper spray into Palmer's face while he was on the ground, said Sanders.

A video made by a witness shows part of the arrest. Initially blurry, the video shows Palmer after he is on the ground with his hands cuffed behind his back. One officer is seen briefly kneeling over Palmer.

The camera then moves to the side and captures another officer approaching and asking if the witnesses saw the entire arrest.

“Was he in custody at the time,” the officer is heard saying.

“We're not sure, but he was thrown to the ground, for sure,” says the witness.

The woman then tells the officer she saw Palmer being hit by “at least one punch.”

Sanders has said he does not believe his client's arrest was racially motivated.

But the case has drawn interest from the Committee for Racial Justice (CRJ) and NAACP Santa Monica-Venice Branch President Darrell Goode, who met with Palmer and the witness who videotaped part of the arrest and posted it online.

At a City Council public hearing on June 9, Goode said he was concerned that a possible pattern of recent racial profiling might be developing among some Santa Monica police officers after he learned about Palmer's arrest, as well as a second allegation involving a witness who claimed to hear a racial slur being uttered by an officer over a police dispatch radio.

Residents and members of the NAACP and CRJ met on May 19 with SMPD Chief Jacqueline Seabrooks and incoming City Manager Rick Cole to discuss the alleged incidents.

Seabrooks told the City Council at the June 9 meeting that her department routinely investigates all allegations of misconduct by officers and takes administrative actions to address them.

Last week Sanders reaffirmed he'll move forward with legal action on behalf of Palmer.

“We are filing a lawsuit. Certainly,” said Sanders