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Funhouse Case Update: The OPA Process From A Civilian POV

By David Packman

Just to give you an idea of what it's like to be on this side of the OPA misconduct investigation process... This was a comment left from the City of Seattle network, the same MO as the cop that always leaves me rude messages as he always starts it out by calling me out by last name. But it's concerning the complaint I made to the SPD OPA about what happened to me in November of 2006. Up to now, I only knew that it had been declared as "administratively exonerated/unfounded" after they took about 200 days to complete it, but I had never been given any other details or updates:

"Look Familiar Mr. xxxxxxx?

The investigation determined that the complainant had been
severely beaten by a large group of club patrons, as they
believed he had actually stabbed one of the patrons. A
review of video footage shows the complainant getting hit in
the head with a sandwich board and that the named
employee was actually helping the complainant and possibly
prevented further injury. There was no evidence of any
misconduct on the part of SPD employees. Finding?
ADMIISTRATIVELY UNFOUNDED"

Anyway, I checked the latest OPA report and that complaint was listed there (again, it's the first time I saw it), but it only showed a small portion of only listed one of my complaints:

"The complainant states that
employees used excessive force
while arresting him."

Of course, this wasn't the entirety of my complaint nor the sum of all my complaints which allege that officers did not immediately attempt to stop the crowd from attacking me when they arrived (based on what witnesses told me afterwards as I have no recollection of the events that occurred at that time), that officers did not bother to assess my injuries before attempting to toss me into their cruiser unsuccessfully which caused me further injury (again, based on what witnesses told me). Furthermore, I reported to the OPA that I did recall that officers stopped medics from assessing my injuries while in custody, that I was never read my rights, and that I was strip searched without witnesses contrary to written policy, questioned under duress while being strip searched, and that it was reported to me second-hand that King County Corrections Facility employees were told to ignore my requests for medical care by SPD officers and that they did ignore my my injuries and my requests for medical care.

But, it was also interesting that my defense lawyer and I were never made aware of there being a tape of what occurred outside when I was assaulted. If I would have been made aware and allowed to view the tape it would have helped me determine if what I heard from witnesses was true about what officers did and didn't do at the scene, and if it proved their version of events wrong it would give me the chance to thank them for helping me and apologize for believing that the officers who arrived had mistreated me.

Another interesting aspect of such a tape is that even the SPD OPA claimed it shows that I was being severely beaten when officers arrived on the scene. If so, then it's disturbing that the investigation didn't find any fault with officers for not calling for medics to assess my condition since they must have also seen that I was brutally attacked and obviously injured. Failing to assess a person's injuries before attempting to move that person could open the city to huge liabilities if moving that person results in further injury. So I would imagine that doing so would be against departmental policy. Yet the investigation didn't mention that part of the complaint in it's findings.

Such a tape, if it exists, would have also helped me find out if witnesses were right about how the security staff at the venue were directing the crowd to attack me and then to "kill me" after I was rendered unconscious. (such a tape would be different from the tape I watched that showed what happened inside the venue and that cleared me of any wrongdoing that night). It's one of the most frustrating parts about all this, that I'll never really know what happened to me that night nor who was really responsible for it. That there is evidence out there that answers those questions that I'm not allowed to see only makes it more frustrating and suspicious.

I am interested in seeing that tape and discussing the case with them. But they won't release it, if it really exists, so I could see for myself what happened to me that night and see if there is anything I could do about it. Unfortunately, there is no mechanism for me to review how they investigated my complaints nor for me to view any evidence used either so that I can make any informed decisions about further recourse or even appeal the OPA decision like officers can.

This is one of the problems with the civilian review system in Seattle, there is no appeal process nor any way to do a post-investigation interview with people who alleged misconduct. If there was and it showed that everyone acted as they should have then hopefully people who believed they were mistreated but weren't could apologize and thank the officers who did do their jobs right. But there is no such mechanism and that just leaves a bunch of anger and suspicion on both sides of the table and no real closure, plus it allows the results to be questioned by the public, which leads to more distrust of the police department.

So... my case will just drag on and I doubt I'll ever really know what happened to me or why. I wonder how many others have been through the same experience as I have, only left with more questions and distrust after filing a complaint.

Full post as published by Injustice in Seattle on June 30, 2008 (boomark / email).