CSUMB officer claims he’s in trouble for not using force

UPDATE 12/5/14: Thursday attorneys for the officer told NewsChannel 5 that CSUMB rejected the claim against the university for officer right’s violations. This opens the door for a lawsuit on behalf of the officer against the university.

The officer says his rights under the Public Safety Officer Bill of Rights was violated in regard to information produce by the department during the investigation of which the officer didn’t know.

The internal investigation is still on-going and there will be a per-disciplinary hearing before a department decision is announced.

12/4/14: Wednesday the Statewide University Police Association released information about a internal police investigation at Cal State University, Monterey Bay.

SUPA, the university officers’ union said a CSUMB police corporal is facing administrative leave and possible termination for refraining from the use of force in a situation that occurred on campus in February.

The union said the university corporal and three Marina Police officers responded to to a reported suicide attempt by a student at the campus-housing center.

The Association went on to say the officers found the injured student unarmed but was not cooperating with commands from police so the Marina officers deployed
their Tasers in an attempt to subdue the student to get medical attention. The Association claims that the university police officer refused to use his Taser or use force, reportedly due to concerns for the student’s heath and condition.

In a letter to SUPA, the student’s father commends the corporal for his actions. He explains, “It defies logic and is extremely disappointing that, at a time when law enforcement is under fire for using more force than necessary, an officer is being terminated for attempting to use civilized methods to resolve a situation…With the current public impression and distrust of law enforcement, I think we need to see more officers that choose to conduct themselves peacefully and professionally.”

The university corporal was not named but union president Jeff Solomon said he is a 20-year law enforcement veteran with no prior record of complaints or
disciplinary action during his eight years with CSUMB police.

“We are disappointed and surprised Chief Earl Lawson would choose to discipline a veteran officer who showed restraint while successfully resolving a volatile situation with a suicidal student,” said Solomon.

The University released this statement to NewsChannel 5 Wednesday: “This issue involves a personnel investigation and we are unable to provide specific comments regarding an ongoing personnel matter. This case is much more complex than was conveyed in the press release. However, we are not at liberty to comment further as the personnel process moves forward.”

The officer has filed a claim against the university claiming his rights under the Public Safety Officer Bill of Rights was violated in regard to information produce by the department during the investigation of which the officer didn’t know.

The university has 45 days to accept or reject the claim, a response is due by December 27th.