City sued for negligence by stroke victim

FOR THE RECORD

A story Tuesday, “City sued for negligence by stroke victim,” contained incorrect information in a subheadline. The man seeking damages for being denied medical treatment was arrested on suspicion of public drunkenness, not driving under the influence.

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A man arrested by Costa Mesa police on suspicion of being under the influence of alcohol is now suing the city for negligence, saying he was instead having a stroke and police denied him medical treatment.

He is seeking more than $250,000 in damages in connection with the 2005 incident.

According to the lawsuit filed at the superior court in Santa Ana, Salvador Jimenez lost the use of his arm in a stroke that went untreated for eight to 10 hours as police mistakenly arrested him and left him in the drunk tank of Costa Mesa Jail.

The suit alleges Jimenez, formerly a gardener, lost control of his right arm after the stroke and could not continue his job.

Jimenez was stopped by police in October 2005 for public drunkenness, according to the lawsuit. Jimenez said he was sober but could not stand up and needed medical attention.

Officers arrested him and put him in the drunk tank at Costa Mesa Jail, where they repeatedly demanded he stand up, according to the lawsuit.

Jimenez, who was suffering from a stroke, fell down several times in the attempt. Only eight to 10 hours later did a physician examine the inmates and determine Jimenez was having a medical emergency, the suit says.

Jimenez’s lawyer, Peter Nisson, did not respond to requests for comment.

City officials said they could not comment on pending litigation.

A spokeswoman for the Orange County district attorney’s office said she could not determine whether prosecution of Jimenez on alcohol charges was dropped without more information on Jimenez.