Lawsuit claims Martinez officer broke man’s bones for no reason
“The actions and omissions of City and the Defendant Martinez Police Department officers were objectively unreasonable.” Lawsuit filed in Northern California District Court
A California man has filed a federal civil rights suit against the city of Martinez, claiming one of its police officers attacked him and broke his ribs at the Amtrak station for no apparent reason — then left without offering medical care after a witness questioned what the officer was doing.
Todd Wilkins was waiting for a train at the Martinez Amtrak station around 12:30 p.m. on April 1, 2023, when the unidentified officer grabbed him from behind, knocked him to the ground and beat him, according to the suit filed Monday in California Northern District Court.
“The officer raised his hand in a closed fist and was getting ready to strike Plaintiff when a witness who had witnessed the entire incident shouted at the officer and asked him what he was doing,” the filing said. “The officer got off Plaintiff and returned to his patrol car.”
The moments leading up to the encounter were not specified in the filing. It is not known whether video of the incident exists. Ben Nisenbaum, an attorney for Wilkins, said he and other lawyers for Wilkins asked for public records pertaining to the incident but were denied by the city.
In an undated letter from Martinez Police Chief Andrew White to Wilkins’ attorneys, White explained the city could not release records about the incident due to two investigations: an internal affairs investigation and a criminal investigation by the Contra Costa County District Attorney’s Office.
The lawsuit states that Wilkins suffered broken ribs, a broken elbow, torn intercostal muscles (inside rib cage), a gluteal (buttocks muscles) strain, and a lateral (knee muscle) strain. Following the incident, Wilkins underwent emergency surgery at Providence Santa Rosa Memorial Hospital for elbow cellulitis that posed “a threat to life or bodily functions,” according to the filing. After he spent one week in the hospital, Wilkins spent three more weeks in recuperative care, followed by six weeks of physical therapy, the filing said.
Wilkins alleges that his First and Fourth Amendment rights were violated and is seeking punitive and compensatory damages. Wilkins is also alleging that the officer acted with negligence and intended to hurt him, according to the filing.
“The actions and omissions of City and the Defendant Martinez Police Department officers were objectively unreasonable under the circumstances, without legal justification or other legal right, done under color of law, within the course and scope of their employment as law enforcement officers and/ or public officials, and pursuant to unconstitutional customs, policies and procedures of City and/or other jurisdictions,” the filing said.
The Martinez Police Department could not be reached for comment. When reached by the Chronicle via phone Tuesday, Martinez Mayor Brianne Zorn said she could not comment because she wasn’t aware of the lawsuit.