City responds to lawsuit

[Editor’s Note: Kenneth Frank, Laguna Beach city manager, issued the following statement April 19 regarding allegations of police misconduct involving the jail cell death of Matthew Dunlevy in January 2006.]

This is one of those rare occasions when the City feels compelled to react publicly to the irresponsible and grossly inaccurate press release issued by the Upland attorney representing the parents of Matthew Dunlevy, a young man who died while in police custody. This January 2006 incident was thoroughly investigated by the Orange County District Attorney, who concluded there was no wrongdoing of any kind on the part of the Laguna Beach Police Department that caused or contributed to Mr. Dunlevy’s death. The Orange County Coroner determined the death to be caused by a fatal combination of cocaine and alcohol.

Now, over a year later, the attorney for Mr. Dunlevy’s parents alleges that Mr. Dunlevy’s death resulted from the use of excessive force by peace officers in firing Taser darts and beating Mr. Dunlevy with batons. The press release portrays events that simply did not occur. The City feels the public should know that:

The peace officers were summoned to the White House restaurant in response to a call for assistance when Mr. Dunlevy was acting in a bizarre manner in the women’s restroom.

Upon the arrival of the peace officers, Mr. Dunlevy was uncooperative with them and resisted their efforts to calm things down.

The peace officers were eventually forced to restrain Mr. Dunlevy by the use of a Taser device, but only in a direct-contact stun mode. No darts were ever shot into Mr. Dunlevy.

There is no evidence that any of the officers used excessive force in detaining, arresting, transporting, jailing or housing Mr. Dunlevy.

A loss of life under any circumstances is often tragic and unfortunate. However, based on the District Attorney’s extensive investigation and its own internal review of the matter, the City believes that its peace officers conducted themselves professionally and competently, and the City intends to vigorously defend itself and the peace officers named in the lawsuit. City Attorney Philip Kohn of Rutan & Tucker will lead the City’s defense team.

The City of Laguna Beach believes that lawsuits should be argued in the courtroom and not in the media. To act otherwise can be a disservice to our justice system and is disrespectful to the judges or juries who ultimately will be deciding the matter.