OXNARD : Man Files Claim in Alleged Beating

An attorney for an Oxnard man who contends he was beaten last month by Oxnard Police Officer Kenneth Dellinger filed a claim Friday against Dellinger, the city and Police Chief Robert P. Owens.

Ventura attorney Tim Quinn filed the claim for Guillermo Hernandez. Dellinger had been suspended Oct. 1 with pay in connection with the Sept. 13 incident.

The Ventura County district attorney’s office charged Dellinger in a criminal complaint earlier this month with kicking Hernandez in the head while another officer was handcuffing him. Dellinger will remain on suspension until criminal and administrative procedures are completed, an Oxnard police spokesman has said.

Hernandez’s claim seeks unspecified damages on the grounds of assault, battery, and false arrest and imprisonment, among other charges. It says he suffered bodily and emotional injuries, wage losses and loss of earning capacity.

“Obviously, the city attorney’s office will investigate the matter further,” City Atty. Gary L. Gillig said.

Gillig said about 300 claims are filed each year against the city--about 10% of which involve police. But, he added, “We’re noticing a definite increase since the Rodney King incident,” when a witness videotaped Los Angeles police beating a citizen.

The city has 45 days to investigate and review the claim and attempt to settle or reject it, Gillig said. He said a claim against the city is a necessary precursor to a lawsuit.