A judge Friday dismissed most of former All-Star Major League baseball outfielder Lenny Dykstra’s lawsuit alleging he suffered an unprovoked and brutal beating by deputies in the Men’s Central Jail in 2012.
In his final ruling affirming the tentative decision he issued Thursday, Los Angeles Superior Court Judge Daniel Murphy said Los Angeles County is immune from liability for the actions taken by the deputies because the deputies and their department were performing a law enforcement action on behalf of the state, not the county.
Murphy also dismissed Sgt. Jose Salgado as a defendant in the case, saying he was not present in the area of Dykstra’s cell until later when the ex- ballplayer was brought to a jail clinic.
“I did not personally participate in, cause, witness or observe any use of force against Mr. Dykstra …,” Salgado said in a sworn statement.
The ruling leaves one deputy as the remaining defendant in the case, according to Dykstra’s lawyer, Aaron Aftergood.
Trial is scheduled for Dec. 6, but that date depends on whether Dykstra decides to appeal Friday’s ruling, Aftergood said.
Defense attorney Daniel Cha declined to comment.
Dykstra alleged that on April 5, 2012, deputies at the jail entered his cell and assaulted him for no legitimate reasons. He alleged they slammed his head against a wall, that some of his teeth were knocked out and he that he was left barely breathing.
The suit alleged the jail system, was “fueled by abusive violence.”
Attorneys for the county maintained in their court papers that Dykstra “became combative and nearly kicked emergency room personnel.”
The alleged beating took place the same month Dykstra pleaded no contest to exposing himself to women he met on Craigslist. He was already serving time for grand theft auto and providing a false financial statement, and would later be sentenced to six months for bankruptcy fraud.
Dykstra was released in June 2013 and filed suit the following April.
Dykstra played for the New York Mets from 1985-89 and Philadelphia Phillies from 1989-96. He was selected to play in the 1990, 1994 and 1995 All- Star Games.
Dykstra, 53, was nicknamed “Nails” for his hard-nosed demeanor. He was born in Santa Ana and raised in Garden Grove.
—City News Service