DPS and the Attorney General’s Office have yet to issue a statement following the Ninth Circuit’s decision.
“The officers’ alleged discriminatory failure to arrest, as well as investigate…violated equal protection,” part of the Ninth Circuit decision stated.
“We’re happy to see that the case is now back in the district court. We’re expecting developments,” said attorney Joseph Horey in an interview.
George Hasselback who is now with the AG’s office, and Horey of O’Connor Berman Dotts & Banes law office sued DPS on behalf of their client.
Jarrod Manglona, Michael Langdon and Anthony Macaranas, all DPS officers, were named in the complaint.
It 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 Babauta. They didn’t arrest him and they never charged him
The complaint said Elliot was discriminated because she was a Korean, and Babauta was a local like the officers.
The AGO, which represented the officers, claimed qualified immunity and moved to dismiss the case on the pleadings.
