A judge announced on Tuesday her inclination to dismiss the majority of the allegations brought against Sergeant Mark Jackson of the Los Angeles Police Department by Francisco Rodriguez, a Dodger fan who claims he was unjustly beaten by other members of the security team at Dodger Stadium on opening day in 2018.
Los Angeles Superior Court Judge Jill Feeney issued a preliminary ruling that would dismiss four out of the five causes of action filed against Sgt. Jackson by Rodriguez, leaving only the allegation of negligence against the sergeant.
According to Feeney’s tentative decision, “The court finds that plaintiff has provided admissible evidence that demonstrates the presence of a genuine issue of material fact as to whether Jackson took affirmative action to protect the plaintiff’s safety while he was on the Dodgers’ premises.” Additionally, Feeney’s ruling would dismiss Rodriguez’s causes of action for premises liability, assault, battery, and false imprisonment.
Feeney is scheduled to hear arguments on Wednesday before issuing a final ruling.
The lawsuit, filed in July 2018, includes the team and several other individuals as defendants. It is one of a number of cases brought by fans in recent years alleging misconduct by members of the Dodger Stadium security team.
According to Rodriguez, he was informed by security team members that he was being ejected because he inquired about the treatment of another fan during the game on March 29, 2018. Rodriguez claims that one of the guards escorting him to the exit tackled him to the ground and struck him in the head.
Furthermore, Rodriguez alleges that one of the guards placed his knee on his body despite his protests of “I can’t breathe.”
Subsequently, Rodriguez added Sgt. Jackson as one of the individual defendants on the security team. However, Jackson’s legal counsel asserts that the sergeant bears no liability in this case.
Jackson’s lawyers state in court documents, “At no point during the incident did Sgt. Jackson make physical contact with the plaintiff.” They further argue that the off-duty sergeant observed as the plaintiff was being escorted out of the stadium after hearing on a security service radio that Rodriguez was being ejected.
According to Jackson’s attorneys, Rodriguez admitted to consuming one to three beers at the stadium that day. The lawyers contend that Rodriguez appeared intoxicated, was agitated, and used profanity towards the security personnel.
Jackson and other members of the security team attempted to de-escalate the situation due to Rodriguez’s agitation and use of foul language, as asserted by Jackson’s lawyers.
“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,” state Jackson’s attorneys in their court filings.
Rodriguez acknowledges attempting to swing at Pena but claims that he did not make contact with the guard, according to Jackson’s lawyers.
Jackson, who maintained a distance of five to 15 feet, was not directly physically involved with Rodriguez. Jackson aimed to monitor the situation and ensure the involvement of onlookers and bystanders was avoided, claim Jackson’s attorneys in their court papers.
One guard placed a knee on Rodriguez’s left shoulder while Pena placed a knee on his right shoulder in order to handcuff him, state Jackson’s attorneys.
“Based on the circumstances of the situation and Sgt. Mark Jackson’s subjective observations, one cannot claim that his mere act of standing at a distance to monitor the situation and the crowd of onlookers as part of his supervisory duties was negligent,” argue Jackson’s attorneys in their court documents.
