LAPD sergeant seeks exit from Dodger fan’s suit alleging beating

A Dodgers fan who alleges he was beaten by security team members at Dodger Stadium on Opening Day 2018 had admitted drinking up to three beers and punching a guard after being ejected, according to newly filed court documents for one of the security team members being sued.

Attorneys for Los Angeles Police Department Sgt. Mark Jackson filed court papers on Wednesday with Los Angeles Superior Court Judge Robert S. Draper asking for the dismissal of all or part of the claims against Jackson by plaintiff Francisco Rodriguez, which include battery, false imprisonment and negligence.

The team and other individuals also are defendants in the lawsuit, which is one of the multiple cases brought by Dodger Stadium visitors over the last several years alleging misconduct by security team members.

In his suit filed in July 2018, Rodriguez maintains that after he asked about the way another fan was being treated by a security team member during the March 29, 2018, game, he was then told he was being ejected. When he asked the escorting guards on the way to the exit why he was being thrown out, the security team took him to the ground and punched him in the head, the suit states.

One guard placed his knee on the plaintiff, who protested, “I can’t breathe,” the suit states.

Rodriguez later added Jackson as one of the individual security team defendants, but Jackson’s lawyers maintain the sergeant has no liability in the plaintiff’s case.

“At no time during this entire incident did Sgt. Jackson make physical contact with plaintiff,” according to Jackson’s attorneys’ court papers, which further state that the off-duty sergeant watched as the plaintiff was being removed from the stadium after hearing over the radio that he was being ejected.

Rodriguez acknowledged having one to three beers at the stadium that day, Jackson’s attorneys state in their court papers.

“Sgt. Jackson observed that Rodriguez appeared to be intoxicated, was very agitated and was uttering multiple profanities toward the security personnel,” Jackson’s lawyers state in their court papers.

Jackson and other security team members tried to de-escalate the situation because Rodriguez was agitated and using foul language, Jackson’s lawyers state in their court papers.

“Sgt. Jackson observed Rodriguez turn his back to him and fellow Dodgers security officer Erik Pena, then turn back around toward Pena, grab Pena by the collar to pull Pena closer to him and punch Pena on his left cheek with his right fist, causing a loud thud,” Jackson’s attorneys further maintain in their court papers.

Rodriguez acknowledges that he took a swing at Pena, but claims that he did not make contact with the guard, according to Jackson’s attorneys’ court papers.

Jackson was not in direct physical contact with Rodriguez, who appeared to be resisting the other security team members, and stayed at a distance of five to 15 feet away so he could monitor the situation and ensure that onlookers and bystanders did not become involved, according to Jackson’s attorneys’ court papers.

One guard put a knee on Rodriguez’s left shoulder and Pena placed a knee on the plaintiff’s right shoulder so he could be handcuffed, Jackson’s attorneys state in their court papers.

“Based on the nature of the situation and what defendant Sgt. Mark Jackson subjectively observed, it cannot be said that the mere act of him standing at a distance to monitor the situation and the crowd of onlookers to fulfill his supervisory duties was negligent,” Jackson’s attorneys argue in their court papers.

A hearing on Jackson’s motion is scheduled for June 21.

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