A San Anselmo resident has sued the Central Marin Police Authority, alleging an officer mistreated him soon after he suffered a brain seizure at his home.
Bruce Frankel claims he was injured when the officer restrained him while he was disoriented after the seizure. He also accuses the officer’s supervisors of covering up for their colleague.
Frankel filed the lawsuit Wednesday in Marin County Superior Court, naming the police agency and several staff members as defendants. The suit seeks unspecified damages on claims of battery, false arrest, excessive force, negligence and other alleged misconduct.
Frankel’s legal team has released video footage from the police officers’ body-worn cameras during the incident.
“I think that the most remarkable part of this case is how much of it is supported by the videos taken from every one of the officers involved,” said David Fiol, one of Frankel’s lawyers. “It’s going to be very hard for them to deny our claims because they’re taken straight from their cameras.”
Central Marin police Chief Michael Norton said his agency regrets that Frankel decided to pursue litigation. He described the lawsuit as meritless and factually inaccurate.
“Unfortunately, this individual has decided to first litigate his case in the media rather than in court where we are confident the actions of our officers will be vindicated,” Norton said.
The incident happened on Aug. 29, 2022, when Frankel was 61 years old. His fiancée called 911 for medical assistance when he appeared to have breathing troubles.
Central Marin police Officer Kevin Sinnott was the first officer to arrive, according to the lawsuit. Sinnott had been informed that the call was medical, the suit says.
Sinnott’s video shows him entering Frankel’s bedroom and his fiancée holding him up while he’s shirtless and out of bed. Sinnott asks, “What’s wrong?” and touches Frankel’s left arm, which causes Frankel to move his arm away before he sits on his bed.
Frankel gets back up and stumbles. The officer then grips his arm again and asks what is wrong. Frankel asks to be left alone. The encounter escalates when Sinnott grabs Frankel’s arms and presses him down on the bed while ordering Frankel to stop fighting with him.
Frankel’s fiancée tells Sinnott that Frankel is unconscious, while the officer said he’s not.
Over the next few minutes, Sinnott struggles to restrain and handcuff Frankel on his bed, and warns him he will use his Taser if Frankel keeps resisting. The officer then deploys his Taser on Frankel’s back. Another officer arrives to help Sinnott handcuff Frankel, who is bleeding from his nose.
Frankel suffered shoulder and elbow injuries as well as nerve damage, according to the lawsuit.
In Cpl. Joel Heaps’ body-worn camera video, Frankel lies in his hospital bed and says he could not remember the police confrontation or why officers visited his home. He said he has no history of drug, alcohol or mental health issues.
Later that morning, Frankel appears to be in disbelief when Officer Kaitlyn Anderson and Heaps inform him he is under arrest for resisting police and committing battery against an officer. He is then handcuffed to his bed.
Anderson said they were handcuffing him to prevent another scuffle.
“For someone who didn’t know what they were doing and was just unconscious?” Frankel says.
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Frankel’s attorneys say police sought a new charge of domestic violence for allegedly pushing his fiancée onto a bed. Fiol said Wednesday that the officers involved in the incident made a false statement to cover up their misconduct.
The Marin County’s District Attorney’s Office declined to file the charges recommended by Central Marin police, the lawsuit stated.
“By this action, plaintiff Bruce Frankel seeks compensation and punishment sufficient to ensure that no other person lives the nightmare that the CMPA and its officers put him through,” the lawsuit says.
The lawsuit includes three of Sinnott’s supervisors — Sgt. Vera Hicks, Lt. Michael Legan and Capt. Hamid Khalili — as defendants. Sinnott was promoted to corporal in December, according to Frankel’s lawsuit.
Frankel, a financial planner, is demanding a jury trial and seeks restitution for medical expenses, lost earnings, legal expenses and physical and emotional pain.
The court scheduled a case management conference on Sept. 10.