Attorney David G. Banes, who is representing Ae Ja Elliot Park, said the motion that was granted by Chief Judge Ramona V. Manglona was filed under seal as the settlement agreement provided that its terms be kept confidential, except by court order.
The motion will be heard next month.
On July 25, 2010, the federal court approved the June 25, 2010 stipulation of parties, and the matter was dismissed with prejudice, except that the court “shall retain jurisdiction to enforce the terms of stipulation.”
In Jan. 2010, the U.S. Court of Appeals for the Ninth Circuit’s ruled that the defendants were not entitled to qualified immunity.
Named in the lawsuit were DPS Officers Jarrod Manglona, Anthony Macaranas and former Officer Michael Langdon.
The ruling stated that the officers did not cite nor charge Norbert Duenas Babauta whose pick-up crashed into Elliot’s vehicle in Feb. 2006.
Babauta smelled of alcohol, but the officers didn’t administer field sobriety tests to him. They didn’t arrest him and they never charged him.
The complaint said Elliot was discriminated because she is Korean, and Babauta is local like the officers.
