Riverside County Calls Deputy’s Lawsuit ‘Absurd’

RIVERSIDE — Embattled Riverside County Sheriff’s Deputy Tracy Watson’s lawsuit against his bosses, alleging that he was coerced into writing an incriminating report about his involvement in the baton beating of two illegal immigrants, is “absurd,” according to the county’s response filed Monday.

Watson’s federal lawsuit should be dismissed, the county argued, because the deputy was not deprived of his constitutional rights when he was ordered to write his report about the incident.

Furthermore, even if Watson wrote self-incriminating statements--as he alleged--those statements cannot be used to prosecute the deputy, the county said in a motion filed in U.S. District Court in Los Angeles.

If Watson fears that his report may be improperly used against him in a criminal investigation of the beating--which was captured by TV news cameras--his litigation should be directed not at his own department but at the agencies that ultimately prosecute him, according to the county.

Both the FBI and the Los Angeles County Sheriff’s Department are investigating the incident, in which Watson and fellow deputy Kurt Franklin were seen using their batons to strike two unarmed occupants of a pickup filled with illegal immigrants.

The pickup came to a stop on the Pomona Freeway in South El Monte after an 80-mile chase that began in Riverside County. U.S. Border Patrol agents notified authorities that the vehicle was driving erratically after it detoured around a freeway immigration checkpoint.

After viewing the widely broadcast videotape, Riverside County Sheriff Larry Smith said it appeared that his deputies used excessive force in apprehending two occupants of the vehicle after the others fled. The incident prompted widespread criticism of their use of force, sparking reaction from President Clinton, Mexico President Ernesto Zedillo and even China’s People’s Daily newspaper.

Watson and Franklin were suspended with pay on the day of the incident. Watson sued his superiors April 17, alleging that he was coerced into writing a potentially self-incriminating report.

In his lawsuit, Watson said he was put in a “locked” room and ordered to immediately write his incident report--or face possible disciplinary action or arrest. He said he was denied attorney’s counsel and the chance to see the videotape of the incident so he could refresh his memory.

Martin J. Mayer, a Long Beach attorney hired by the county, said Watson’s lawsuit was “mind-boggling” and frivolous.

Mayer said the room in which Watson wrote his report was indeed locked--but from the inside, not the outside--and that the deputy was free to walk about, as he did at least once to use the restroom.

Because he is a law enforcement officer, Watson should have known that he could not have been arrested if he refused to complete the report, Mayer said.

A deputy is not entitled to counsel for the “job-related task” of completing an incident report, Mayer said, and Watson’s lawyer from the employees association, who showed up at the station house, “offered no protest” when told to leave Watson alone while he wrote it.

Furthermore, while counsel is permitted to assist writing reports on such major incidents as officer-involved shootings, Mayer noted, Watson himself “downplayed” the April 1 incident in his own lawsuit, saying an “intermediate level of force was used” in detaining the suspects.

Watson’s attorney, Michael Stone, was unavailable for reaction.

A hearing on the county’s motion to dismiss Watson’s lawsuit is scheduled for June 6.