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Guard vs. cops: BoP employee sues SDPD officers

April 16, 2010 - 10:08 am

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A U.S. Bureau of Prisons worker filed suit in federal court yesterday against the City of San Diego, San Diego Police Chief Bill Lansdowne and two police officers for false arrest, false imprisonment and excessive force.

According to Jeffrey Lundy’s brief, he was arrested by police in North Park on Sept. 8, 2009, for carrying two firearms. This matches an “deadly weapons” entry for the same date and location on the San Diego County Regional Crime MAPS (right).

Lundy claims:

Mr. Lundy was wearing a work uniform with patches identifying him as a BOP employee and identified himself numerous times to the officers as a federal law enforcement officer. He explained to the defendants that he had a right to own and possess the two weapons under federal law (The Law Enforcement Officer’s Safety Act).

Despite Mr. Lundy’s legal possession of two firearms, [police] arrested him on charges of possession of concealed weapons and possession of loaded weapons.

While placing under arrest, defendants used excessive and unnecessary force, and handcuffed Mr. Lundy’s hands too tightly, causing him pain and requiring later medical care.

No criminal charges were ever filed by the office of the San Diego County District Attorney.

Lundy says that the police had no probable cause to make an arrest, considering the 2004 law that allows peace officers and law enforcement officers to carry concealed weapons across jurisdictions despite local laws.

I’m not a lawyer, but this Department of Justice memorandum explicitly states that in order to claim LEOSA protection, a BoP officer has gotta specifically show the cops his BoP identification card. The patches alone don’t cut it.

After all, you can get BoP gear like this badge on eBay for a few bucks.

Anyway, Lundy does not ask for a dollar amount in his judgment, except to say that he believes the matter “exceeds” the jurisdictional $150,000 minimum.

Download the complaint here.

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2 Comments leave one →
  1. April 16, 2010 - 11:18 am 11:18 am

    There is no mention of Jeffrey Lundy being a minority. Was he?

  2. April 19, 2010 - 10:27 am 10:27 am

    His race/ethnicity is not mentioned in the brief.

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