*Please see correction at end of this post.
The city of Oakland is on its way to settling yet another claim arising from police violence during the 2011-12 Occupy protests. The City Council has given preliminary approval for a $645,000 settlement with Kayvan Sabeghi, a military veteran who suffered a lacerated spleen and other injuries after an encounter with police in downtown Oakland in November 2011.
Sabeghi was the second veteran hurt during police crackdowns on Occupy Oakland protesters. A week before he was beaten, Marine vet Scott Olsen was critically injured when a bean-bag projectile fired by an Oakland police officer struck him in the head. Olsen's legal action against the city is still pending.
Sabeghi's federal suit, filed in November 2012 and amended last January, alleged he was beaten by Oakland police Officer Frank Uu and illegally detained in the hours after the Occupy Oakland general strike in November 2011. Sabeghi's complaint says in part:
...Defendant Uu came through the police line and confronted plaintiff, cursing at him, and then struck him repeatedly with a club, driving him towards the west sidewalk in front of the police line. Although plaintiff did not resist or fight back and was not physically aggressive in any way, Uu continued to beat him and Uu, Patterson, and other officers tackled him at or near the curb with unnecessary and excessive force, piling on top of him and violently twisting his arms. Plaintiff suffered a lacerated spleen, as well as cuts and bruises. There was no justification for the use of force on plaintiff. Defendant Sgt. Gonzalez and other superiors failed to adequately supervise Ofcr. Uu and other officers, failed to intervene, and approved and condoned the officers’ unlawful conduct against plaintiff.
A joint case management statement issued in March reported "it is anticipated that defendants do not dispute that Officer Uu used excessive force on plaintiff in violation of the Fourth Amendment, or the extent of plaintiff’s injury."