A judge Wednesday dismissed most of the allegations filed against a Los Angeles Police Department sergeant by a Dodger fan who alleges he was wrongfully beaten by other security team members at Dodger Stadium on opening day 2018.
Los Angeles Superior Court Judge Jill Feeney issued a final ruling, tossing four of the five causes of action filed against Sgt. Mark Jackson by Francisco Rodriguez, leaving the plaintiff only with an allegation of negligence against the sergeant.
“The court finds that plaintiff has submitted admissible evidence demonstrating the existence of a triable issue of material fact as to whether Jackson acted affirmatively to protect plaintiff’s safety while he was on the Dodgers’ premises,” according to Feeney, whose decision dismissed Rodriguez’s causes of action for premises liability, assault, battery and false imprisonment.
Feeney’s final ruling was identical to the tentative decision she issued Tuesday prior to Wednesday’s hearing.
The team and other individuals also are defendants in the lawsuit filed in July 2018, which is one of multiple cases brought by fans over the last several years alleging misconduct by Dodger Stadium security team members.
Rodriguez maintains he was told by security team members that they were ejecting him because he had asked about the way another fan was being treated during the March 29, 2018, game. One of the escorting guards on the way to the exit took him to the ground and punched him in the head, the plaintiff alleges.
One guard placed his knee on the plaintiff, who protested, “I can’t breathe,” the suit states.
Rodriguez later added Jackson as one of the individual security team defendants, but Jackson’s lawyers maintained the sergeant has no liability in the plaintiff’s case.
“At no time during this entire incident did Sgt. Jackson make physical contact with plaintiff,” according to Jackson’s attorneys’ court papers, which further state that the off-duty sergeant watched as the plaintiff was being removed from the stadium after the sergeant heard over a security service radio that the plaintiff was being ejected.
Rodriguez acknowledged having one to three beers at the stadium that day, Jackson’s attorneys stated in their court papers.
“Sgt. Jackson observed that Rodriguez appeared to be intoxicated, was very agitated and was uttering multiple profanities toward the security personnel,” Jackson’s lawyers state in their court papers.
Jackson and other security team members tried to de-escalate the situation because Rodriguez was agitated and using foul language, Jackson’s lawyers further argue in their court papers.
“Sgt. Jackson observed Rodriguez turn his back to him and fellow Dodgers security officer Erik Pena, then turn back around toward Pena, grab Pena by the collar to pull Pena closer to him and punch Pena on his left cheek with his right fist, causing a loud thud,” Jackson’s attorneys further maintain in their court papers.
Rodriguez acknowledges that he took a swing at Pena, but claims that he did not make contact with the guard, according to Jackson’s attorneys’ court papers.
Jackson was not in direct physical contact with Rodriguez, who appeared to be resisting the other security team members, and stayed at a distance of five to 15 feet away so he could monitor the situation and ensure that onlookers and bystanders did not become involved, according to Jackson’s attorneys’ court papers.
One guard put a knee on Rodriguez’s left shoulder and Pena placed a knee on the plaintiff’s right shoulder so he could be handcuffed, Jackson’s attorneys stated in their court papers.
“Based on the nature of the situation and what defendant Sgt. Mark Jackson subjectively observed, it cannot be said that the mere act of him standing at a distance to monitor the situation and the crowd of onlookers to fulfill his supervisory duties was negligent,” Jackson’s attorneys argued in their court papers.