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In response to a civil suit filed by three women against the city of Sunnyvale and the public safety department that charges 10 former and current officers with sexual bias, harassment and discrimination, the city has asked for a partial dismissal of some of the charges.
An attorney for the defendants said that the alleged battery that Joy Booker experienced during a training exercise is not battery--because it allegedly took place during a training exercise.
The original suit said that Booker was subjected to assault and battery by seven public safety officers during public safety training sessions. According to the plaintiff's motion, "the officers used excessive and unreasonable force against Booker in violation of the Fourth and 14th amendments."
But Arthur Hartinger, an outside attorney hired to represent the defendants, said, "It's perfectly natural for police trainees to be subjected to conduct that they could or might expect to encounter in the field. That's simply what a training exercise is."
Police officers are expected to maintain themselves when encountered with "that
kind of behavior," Hartinger said.
The defense has filed a motion for partial dismissal of some of the charges, including Booker's complaint of excessive force and battery.
Vincent Hurley, the attorney for the women, said that the officers implicated in the alleged battery acted as training officers and supervisors and battered Booker for the purpose of making her leave her job. "They committed a battery with the ultimate goal of taking her property rights [her job]. If she removed herself from the situation, she'd be forced to quit her job," Hurley said.
Since the training exercise in question took place in a warehouse, away from public safety headquarters, Hurley said Booker was left to the mercy of the training officers. "She was driven by a training officer to some warehouse. She was free to leave only if she was willing to walk back to the station," he said.
The defense motion for partial dismissal stated that some charges are unfounded.
"There are sweeping allegations involving a variety of individuals, and they have a right to know what they are being accused of specifically," said Hartinger.
If the presiding judge chooses not to dismiss the complaints, the motion requests the plaintiffs provide more information about the allegations so that the defendants can adequately respond, Hartinger said.
A U.S. district court judge will hear the defendants' motion in April or May.
The public safety department currently employs 246 men and 17 women.
The lawsuit alleges that Pascale Nadya Wowak, Joy Booker and Penny Lenee Alderin were discriminated against on the basis of their sex, and for Wowak, on the basis of her pregnancy as well.
The three women are seeking back pay, lost compensation and job benefits, and an award for punitive damages. The women are also asking for an injunction against the department to prevent such practices from occurring in the future.
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