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18
May 2010
Surfer loses lawsuit against LAPD officers

A federal jury rejected a Venice surfer's claim that two LAPD officers unnecessarily punched and pepper-sprayed him in 2006, after he refused to follow a lifeguard's orders to leave the water.

The five-man, three-woman civil jury returned its verdict late Monday after a week-long trial of Gregory Falk's $750,000 lawsuit against the officers and the City of Los Angeles on allegations of excessive force, civil rights violations and malicious prosecution.

Deputy City Attorney Christian Bojorquez successfully argued that Falk became "confrontational" when the lifeguard asked him to leave the water.

"His response was, 'I'll leave when I'm ready,'" Bojorquez said, adding that when the two Los Angeles police officers arrived, Falk seemed to lunge at them.

Falk's attorney, John Raphling, described his client as "basically a mellow, middle-aged guy" who wanted to prove a point -- that the "no surfing" flag lifeguards had hoisted near the Venice Beach breakwater that day was needless since the water was mild and few swimmers werearound.

When the two LAPD officers showed up, they "inflicted pain on him for no reason" -- pulling Falk's arm back, punching him in the face, handcuffing him and pepper-spraying him at close range, his attorney alleged.

Falk was later charged with battery on a police officer, simple assault, resisting arrest and unauthorized surfing, Raphling said.

Falk's chief witness was "CSI: Crime Scene Investigation" actress Jorja Fox, who said she had come to the Venice surf spot just before the confrontation took place.

She testified that she saw the police officers from the Venice Beach Foot Patrol handcuff Falk and "punch him in the face." She also said the officers "sprayed a substance in his face" from a distance of about a foot. Fox said she never saw any resistance from Falk.

"I was upset by what I'd seen," she told jurors.

Bojorquez argued that the officers acted only when they were met with continued resistance from Falk. During the course of the struggle, he said, officers used pepper spray and a "distraction strike," or punch, to subdue Falk and place him in custody.

After the more serious charges were dropped in early 2007, Falk entered a plea to unauthorized surfing and paid a $100 fine, Raphling said.

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