Judge rejects inmate’s excessive-force lawsuit against Costa Mesa police

A federal magistrate judge has dismissed an Orange County inmate’s lawsuit alleging that Costa Mesa police officers broke his ribs and otherwise mistreated him during an arrest in August.

Joseph Barrack, 40, was sentenced to 16 months in Orange County Jail after he pleaded guilty to charges stemming from that arrest, including possession of a controlled substance, being under the influence of a controlled substance and battery on a police officer.

From behind bars, Barrack filed a civil-rights complaint, saying the officers who took him into custody used excessive force, were derelict in their duties and violated the 8th Amendment, which bars the federal government from using cruel or unusual punishments.

The complaint also stated that Barrack is an “alleged gang member of an alleged white [supremacist] class, which under [the 1st Amendment] is protected to assemble peacefully.”

In the handwritten document, Barrack asked for more than $60,000 in compensation, including the value of the truck he said he was sitting in when officers arrested him. In an earlier court document, he asked for 10 times that amount.

Barrack’s lawsuit said police left his truck unlocked with the keys in the ignition after he was taken into custody. He alleged the vehicle was then “stolen and found abandoned days later on the freeway, miles from the arrest area.”

U.S. Magistrate Judge Jean Rosenbluth did not address whether there was any truth to Barrack’s claims, but she nevertheless dismissed them Dec. 4, ruling they were legally flawed or contained Barrack’s conclusions instead of specific allegations and facts.

Regarding the accusation that officers broke his ribs, Rosenbluth wrote: “Plaintiff does not provide any other details, such as exactly where this allegedly occurred, the type of force used against him, how his ribs were broken, why he was arrested, whether he resisted officers, whether he attempted to flee or whether he was armed. Nor does he explain exactly which officer allegedly did what.”

Rosenbluth’s ruling allowed Barrack the opportunity to remedy the problems with his complaint, as long as he filed a new document within 28 days. She denied his request for extra time to file.

According to federal court records, Barrack, who was representing himself, has not filed anything since the ruling. He could not be reached for comment.