Judge orders Vallejo to release cop’s employment records in excessive force lawsuit
A federal judge gave the city of Vallejo 14 days to release the employment information of a former Vallejo police officer accused of using excessive force during a July 2017 incident.
United States Magistrate Judge Allison Claire issued her 19-page ruling this week ordering Spencer Muniz-Bottomley records be turned over to the plaintiffs in a federal excessive force case against the city of Vallejo and several of its police officers.
Muniz-Bottomley and fellow officers Mark Thompson, Bretton Wagoner, Sgt. Steve Darden, and former Vallejo Police Chief Andrew Bidou are all named in the lawsuit filed by Carl Edwards.
Edwards alleges that he suffered head trauma, a broken nose, a black eye, cuts to his face, arms, back, hands, head, and he required stitches over his right brow when the officers tackled him while he worked on a fence outside of his woodwork shop at 433 Tennessee St. on July 30, 2017.
The city of Vallejo had attempted to block release of the records, which included Muniz-Bottomley hiring, possible promotions while with Vallejo police, and any investigations the department initiated into his background and fitness to be a law enforcement officer.
The city argued the information sought, which also involves his finances, high school grades, marital status, and interviews with his neighbors, violated Muniz-Bottomley’s privacy.
Claire disagreed, stating that the records “are particularly relevant to plaintiff’s claims against the city, as they could lead to discovery of information regarding the city’s pre-hire knowledge of (Muniz-)Bottomley’s fitness to serve.”
Vallejo City Attorney Claudia Quintana didn’t return a request for comment for this story.
Since leaving the Vallejo Police Department in 2018, Muniz-Bottomley was hired by the Sonoma County Sheriff’s Office.
Claire also granted portions of the plaintiff’s motion for the Sonoma County Sheriff’s Office to turn over Muniz-Bottomley’s employment application and any prior and/or subsequent complaints against Muniz-Bottomley.
Claire refused to order the release of any background investigation, personal history statement, references questionnaires the sheriff’s office may have regarding Muniz-Bottomley’s hire. She also said the plaintiff’s side cannot have any documents the Vallejo Police Department may have given to the sheriff’s office.
Finally, the judge blocked a request from Edwards’ legal team to photograph the tattoo’s on the officer’s arms. The lawsuit alleges the tattoos show the officers are involved in a “gang” which operates within the Vallejo Police Department.
“Tattoo commonality among officers within California police departments has been linked to membership in an organized crime association or gang involving officers who collectively engage in highly aggressive police tactics,” the lawsuit alleges.
All of Muniz-Bottomley’s employment information ordered released in the case will remain under a protective order and away from public view.
Edwards incident
The lawsuit filed by Edwards alleges that he was working on a fence at about 4 p.m. when he was approached by Muniz-Bottomley.
Police were pursuing a person who had allegedly shot a sling-shot at kids in the neighborhood, the lawsuit states.
Video from Muniz-Bottomley’s body camera uploaded to Youtube, begins with the officer sitting in his police vehicle as he drives westbound in the 400 block of Tennessee Street. He then makes a U-turn in the street and parks his cruiser near the shop at 433 Tennessee St.
As he gets out of the police vehicle, Muniz-Bottomley is seen, through his shadow on the ground, gesturing for Edwards to come forward. The officer continues to walk toward Edwards, who is standing near the fence, the footage shows. Although not seen fully, Edwards appears to be working on the upper portion of the fence.
For the first 30 seconds of Muniz-Bottomley’s camera footage, there is no sound, until he taps the camera as he nears Edwards.
“Put your hands on your head, bro,” the officer is heard saying. He follows up with “What the (expletive)…” before he suddenly grabs Edwards, who utters his own expletives.
Muniz-Bottomley’s camera gets covered up in the ensuing struggle.
Both the city and Edwards’ lawsuit agree that officers Thompson and Wagoner, who were standing at 414 Tennessee St., rushed over to assist Muniz-Bottomley. When the camera isn’t obscured anymore, it shows Edwards struggling with the officers.
“Why are you guys doing this?” he asks as his left arm is forcibly bent over his neck by the three officers as Edwards is on his back.
“Give us your hand,” one the officers said as Edwards is flipped onto his stomach. At this point, his nose appears to be injured as blood begins to pour from that area of his face.
Edwards continues to struggle as the officers attempt to pull his left arm behind his back, while he is slightly on his ride side. An officer is heard saying, “if you have to break, break it” in reference to Edwards’ arm.
“I didn’t do anything to you guys,” Edwards says, as officers finally get his left arm behind his back.
Officers eventually move Edwards’ right arm behind his back. As he is handcuffed, Edwards continues to say he hasn’t done anything wrong. A pool of blood is seen on the concrete from the struggle as Edwards sits on steps in front of the building.
Hired by the Vallejo Police Department in June 2015, Muniz-Bottomley was the subject of a claim filed against the city stemming from a March 2017 incident.
The city eventually paid out $75,000 to Dejuan Hall, of Vacaville, after cell phone video showed Muniz-Bottomley punching and hitting the man with a flashlight in the middle of Fairgrounds Drive in North Vallejo.
Muniz-Bottomley responded to a call on March 10, 2017 of a customer at a gas station, later identified as Hall, acting erratically. Hall ran after being confronted by police with Muniz-Bottomley giving chase. One of the videos shows Hall running away and sitting down on the median before Muniz-Bottomley tackles him as onlookers shout in anger.