Civil Rights Lawsuit Against Seattle Police Going Forward: Unarmed Latino Man Stomped by Officers who Used Racial Slurs

In the video, Cobane can clearly be heard saying to Monetti, "You got me? I am going to kick the (expletive) Mexican piss out of you homey. You feel me?"

From [HERE] A lawsuit against the city of Seattle and a police officer who threatened to beat the "Mexican piss" out of a detained Latino man can proceed to trial, a federal judge ruled Thursday. The lawsuit was filed by Martin Monetti Jr., who claims that Seattle police used excessive, racially motivated force against him when he was detained during a robbery investigation. Monetti is seeking unspecified damages in the case.

The April 2010 incident, which was caught on videotape, touched off an intense racial controversy and was one of several incidents that prompted the U.S. Justice Department to launch an investigation of the Seattle Police Department. In his lawsuit, Monetti says Seattle police officer Shandy Cobane hurled racial slurs at him and kicked him in the head. The lawsuit also says Cobane and another officer, Mary Woollum, stomped on him as he lay prone in a parking lot. The officers' actions were discriminatory and an unreasonable use of force, in violation of the U.S. Constitution, Monetti argues in his suit. He also argues that he was a victim of assault and battery and negligence on the part of Seattle police.

Monetti's case itself was cited in the DOJ's findings: "It is troubling that the use of this racial epithet failed to provoke any of the surrounding officers to react, suggesting a department culture that tolerates this kind of abuse," the department said. [MORE] 

But in a motion filed last month, the city asked U.S. District Judge Ricardo S. Martinez to dismiss the lawsuit, arguing that Cobane's comment, though unprofessional, was meant to control a suspect, not to offend anyone.

The city also contends Monetti was never kicked, and they hired an expert to do a frame-by-frame analysis of the video. That expert says it was a "swipe move," which is a common police tactic.

But the judge ultimately decided that he would allow the claims of excessive force to move forward to jury trial against Cobane and Woollum, and the claim of discrimination to move forward to jury trial against Cobane. The judge did deny the claim of discrimination against Woollum.

The April 2010 incident came after Monetti had been out celebrating his 21st birthday in the South Lake Union neighborhood. He and two friends were confronted in a parking lot by police searching for suspects in two armed robberies.

 Monetti and his friends got on the ground, lying on their stomachs as directed. Monetti, heavily intoxicated, seemed to have trouble following orders to keep his hands, feet and head still. The men had not been searched, and police had not yet located the gun and machete used in the  robberies.

Cobane stepped hard on Monetti's hand, and from the video it appears his foot also made contact with Monetti's head, though the city's lawyers dispute that.

In the video, Cobane can clearly be heard saying to Monetti, "You got me? I am going to kick the (expletive) Mexican piss out of you homey. You feel me?"

Following the incident, Cobane was suspended for 30 days, which is the department's most severe penalty short of firing.

Monetti was never charged with a crime and has no criminal history.