Man Filed Lawsuit Thursday

SALINAS, Calif. - A man who was mistaken for a robber and ended up with a face broken in six places filed a lawsuit against the city and two officers on Thursday.

Ryan Favila said that on Oct. 18, 2007 he was mistaken for a car thief, thrown to the ground and then kicked in the face by Salinas police officer Michael Cupak.

Favila sustained a fractured nose and bones in his face broke in six places.

Favila is now suing the city, Cupak and Officer Kenneth Schwener, accusing them of assault and battery and using excessive force.

“They kicked Ryan while he was on the ground unarmed," said Favila’s attorney, Jeff Hubins. ‘That was an absolute dereliction of duty."

The Salinas Police Department disagrees.

Department spokesman Manny Perien told KSBW Action News 8 that an internal investigation cleared the officers of any wrongdoing, and that Favila received the injuries when he was tackled to the ground.

Perien also said the incident was a “case of mistaken identity” and that the officers were acting in “good faith” when they stopped Favila.

The lawsuit does not specify the amount in damages Favila is asking for.

A court date has been set for July 2.

URL: http://www.msnbc.msn.com/id/28354231/

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