The Associated Press
SAN FRANCISCO (AP) - The former police chief has sued the city and a former prosecutor, alleging he was wrongfully charged with obstructing an investigation into a brawl involving several officers.
Earl Sanders filed the federal lawsuit Friday, alleging that former District Attorney Terence Hallinan convened a grand jury “knowing he did not have one scintilla of evidence” that Sanders impeded the investigation of a fight involving three off-duty officers, including one who was the assistant police chief’s son.
The case seeks unspecified damages stemming from the November 2002 brawl in which two men accused the officers of attacking them because they refused to hand over a bag of fajitas.
Sanders and six other high-ranking police officials were indicted in February 2003, but the charges were dismissed by prosecutors or thrown out by a judge. Sanders was later declared innocent by a judge.
Hallinan said prosecutors are legally immune from damages for their decisions to file charges but said he was prepared to defend his handling of the case.
“I would welcome the opportunity to try that issue of whether there was a cover-up,” Hallinan said, noting that Sanders would be required to prove there were no grounds for an indictment.
Sanders retired in August 2003 after a 39-year police career. Three lower-ranking officers are still awaiting trial.