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Vietnamese student sues San Jose police for excessive violence
Saturday, May 08, 2010 By Jami Farkas
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A Vietnamese university student whose videotaped arrest provoked controversy and anger last year has filed a lawsuit against the San Jose police for using excessive force, AP reports.
Hồ Quang Phương, a student of the California State University in San Jose, is also demanding $6 million in damages in a lawsuit filed with the city’s federal court.
Police had no reason to use a stun gun and hit him with a baton more than a dozen times when arresting him on suspicion of brandishing a deadly weapon and allegedly resisting arrest on Sept, 3, 2009, the plaintiff claims.
The arrest was conducted after one of Phương’s roommates told police that the 21-year-old had threatened to kill him with a steak knife during a dinner-time altercation.
While Phương was unarmed, four police officers were secretly videotaped with a cell phone by another roommate beating him at least 13 times with batons and shooting him twice with a Taser gun. Tasing involves administering a powerful electrical shock designed to disrupt voluntary muscle functions.
Prosecutors previously had declined to file charges against the officers, who were put on leave after the videotape was revealed two months after the events, saying they used force to get Hoà to comply with their orders.
They also had dropped all criminal charges against Phương, saying both resisting arrest and brandishing a deadly weapon were misdemeanors. While some local experts said the quality of the video was too poor to reach any conclusions, others voiced their concerns about police violence and abuse of power.
The incident also become a flash point in the Vietnamese community that was discussed on radio stations, in cafes, and in conversations among community leaders who sought to mobilize a collective, effective response to police violence.
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