INS agents' lawsuit accuses LAPD of detention and beatings

February 28, 2000
Web posted at: 10:28 p.m. EST (0328 GMT)

LOS ANGELES (CNN) -- Two U.S. Immigration and Naturalization Service agents have filed a multimillion dollar lawsuit charging they were roughed up by Los Angeles police officers.

The suit filed in U.S. District Court accuses 10 unnamed patrol officers from the LAPD's Rampart Division of using excessive force in illegally detaining the minority INS agents. The accused officers are not members of the Rampart Division's anti-gang unit, which is the focus of a widening police corruption investigation.

INS special agent Shawn Butler, an African-American, claims he was confronted by the LAPD officers while taking part in an INS surveillance operation on January 11, five months after the corruption probe became public.

Butler said he showed his INS badge to the officers, but the officers ordered him from his vehicle, forced him into the back of a police car and "repeatedly threatened to shoot him," according to the suit.

The other INS agent, Ezequiel Garcia, a Hispanic-American, said he then approached the scene, accompanied by a supervisor, to verify Butler's identity.

The suit states that the police then detained Garcia, twisted his arms behind his back, got him in a headlock, handcuffed him with his arms twisted until he screamed in "excruciating pain" and threw him into the back of the police car, injuring his shoulder.

Both agents eventually were released at the scene.

"This clearly demonstrates that this police department is incapable of policing itself and eradicating misconduct," said Howard Price, attorney for the two INS agents.

"The good news is that these officers were not shot at 41 times," he added, in a reference to the four New York City policemen acquitted Friday of criminal charges in the fatal shooting of an unarmed West African immigrant.

Garcia is seeking $2.5 million and Butler $1.5 million in damages.

"I did everything in the book to prevent this horrible incident from occurring," Butler said in a statement. "I repeatedly showed my badge, showed that I was unarmed and stated that I was working on undercover surveillance."

"I cannot help but conclude I was disbelieved because I was an African-American in a nice car in an area where police did not believe that I belonged," he added.

Said Garcia: "I never dreamed that I could be so betrayed by fellow peace officers. If this could happen to me, then ordinary citizens have even more reason to fear for their own safety. The situation with the LAPD is clearly out of control."

The scandal over Rampart Division's anti-gang unit broke in September when former officer Rafael Perez, who was accused of stealing cocaine from an LAPD evidence locker, began detailing corruption in the division.

Perez told prosecutors that Rampart officers shot and framed innocent people, planted evidence at crime scenes and lied in court. They were allegedly so brazen about their misdeeds that they gave each other plaques for shooting people.

So far, 32 criminal convictions have been overturned because of Perez' allegations and at least 12 Rampart officers have been fired or suspended.

LAPD spokeswoman Lt. Sharyn Buck told CNN the department does not respond to charges that involve pending litigation. But Buck did say the department's Internal Affairs Division is investigating.

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February 10, 2000

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