$20-million suit filed against Costa Mesa

Jennifer Kho

COSTA MESA -- A man who claims Costa Mesa police mistakenly identified

him as a drug dealer -- which led to him being jailed for six weeks last

year -- has filed a lawsuit against the city, Anaheim and Los Angeles

County.

Michael Shipp had originally filed a claim against the city in April,

seeking damages for medical bills and lost wages, but the city dismissed

the claim because it was submitted more than six months after Shipp’s

September arrest.

However, a judge in October ruled that Shipp, 26, could proceed with a

lawsuit, which then was filed Nov. 14 by Mark Huston, Shipp’s attorney.

The lawsuit asks for a jury trial and at least $20 million in damages

from each defendant for alleged deprivation of civil rights, false arrest

and false imprisonment, assault and battery, and intentional and

negligent infliction of emotional distress.

“During his wrongful detention, and without provocation by Shipp,

Shipp was threatened, physically assaulted and battered by fellow inmates

who pulled him off his upper bunk bed onto the concrete floor, kicked him

in the back and sides, and slapped him in the face,” the lawsuit states.

“During [Shipp’s] wrongful detention, he was placed in facilities where

personal physical contact could not be avoided with the floors and walls,

which were variously contaminated with human feces, urine, blood, nasal

discharges and/or vomit. . . . [Shipp] was hurt and injured in his

health, strength and activity, sustaining injury to his nervous system,

all of which have caused, and continue to cause [Shipp] great mental,

physical and nervous pain and suffering.”

According to the lawsuit, Shipp was arrested on suspicion of smuggling

drugs and jailed in Oregon -- where he was living at the time -- for four

weeks before being moved to Los Angeles for his first bail hearing, which

legally should occur within 72 hours of an arrest. After comparing Shipp

with a photograph of the wanted drug dealer, a judge dismissed the

charge.

Huston said the arrest, including bail set at $5 million, is

permanently on Shipp’s record and that investigators were negligent for

not investigating further.

Dan Spradlin, an attorney for the city, said the city is not at fault

and added that he has not yet seen a copy of the lawsuit.

“I understand [Shipp] is claiming he was falsely arrested, but the

information I have would indicate the actions by the city of Costa Mesa

were appropriate and warranted under the circumstances,” Spradlin said.

“I think [Shipp] had sold a vehicle but hadn’t caused the change in

title to be recorded. The vehicle was observed for transport for people

involved in actions they shouldn’t be involved in,” he added. “That

information got communicated and, ultimately, Costa Mesa relied on an

arrest warrant provided by someone else. The city of Costa Mesa is sorry

for any inconvenience to [Shipp,] but the city didn’t do anything wrong.”

But Huston said investigators identified Shipp as being a drug

smuggler because he was the registered owner of a car they suspected of

being used in drug transactions.

Shipp had sold the car, but the buyer had not transferred the

registration, he added.Both sides are now in the “discovery” stage of the

case and have until the trial -- which has not yet been scheduled, but is

required to take place within a year -- to research the incident further.