Former SEAL sues for police brutality

Welfare check ends with broken ribs, gashed forehead, and tasing

On Tuesday, September 13, San Diego city councilmembers will consider whether to agree to settle a lawsuit from a former Navy SEAL who sued the city and two San Diego police officers for excessive force and harassment.

In the August 20, 2015, lawsuit, 57-year-old Mark Covert said two San Diego police officers visited his home in March of that same year for a routine welfare check. At the time, Covert was receiving psychological treatment for post traumatic stress disorder and severe depression due to a training accident he experienced while in the Navy; he was also undergoing medical treatment for skin cancer and herniated discs in his back.

Officer C. Bernard and officer Crowder (first names not released) responded to a call from doctors at the VA hospital in La Jolla. Staff there requested that officers conduct a welfare check after Covert canceled a skin-cancer surgery.

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Officers arrived at the home Covert shared with his two daughters and his high-school-aged son. The police officers and Covert sat down inside the house. The officers later asked to transport Covert to a medical facility to get checked up. Covert agreed but first requested to use the phone to arrange for someone to pick up his son from high school. The officers refused, saying they would call for an officer to meet his son. Covert objected, feeling cops would scare and embarrass his son. Covert then refused to leave with the two officers.

The officers allegedly threw Covert down to the ground and stepped on his back and neck where he had received an epidural for back pain. Covert reeled from the pain and the officers responded by discharging their tasers into Covert's side.

Bernard and Crowder transported Covert to UCSD Medical Center in Hillcrest for treatment. X-rays showed Covert had suffered two broken ribs, a gashed forehead, and burns to his torso from the tasers.

According to the complaint, Covert "also suffered severe emotional distress as a result of this incident, including that from being assaulted in his home and in front of his daughters, from the use of excessive force against him, the injuries inflicted, and medical treatment."

One year after filing his lawsuit, it appears as if a settlement may be near. According to recently filed court documents, the two sides have asked the judge to postpone a mandatory settlement conference in order to provide San Diego city councilmembers a chance to review and possibly approve the undisclosed settlement offer.

The council's review is set to occur in closed session on September 13. If the settlement agreement is not approved, the two sides will prepare for trial, expected to take place in the beginning of next year.

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