Attorneys for the 51-year-old woman filmed as she was pummelled by a California Highway Patrol officer earlier this month said in a lawsuit that the officer omitted that detail from his report on the incident, KTLA-TV reported.
The suit, filed on behalf of Marlene Pinnock, identifies the officer in the July 1 video as Daniel L. Andrew, and accused him of falsifying his report by saying Pinnock was combative and that she called him the devil.
“Whether or not Ms. Pinnock called him the devil is secondary to the fact that he proved that he was indeed the devil or a very close relative,” the suit stated.
CHP officials have not confirmed that Andrew was involved in the incident, but one of Pinnock’s lawyers, Caree Harper, told KCAL-TV that the lawsuit, originally filed on July 16, was revised to include his name after gleaning his identity with the use of a detention form.
Pinnock has been hospitalized since the encounter. The lawsuit argues that the officer identified as Andrew was “bamming” her in the temples.
“It’s clear what she meant,” Harper said. “She was being savagely beaten, pounded, battered.”
Pinnock’s attorneys and family have also accused authorities of using a felony search warrant in order to gain access to her medical records and private conversations with her doctors and lawyers. The CHP did not directly mention her case, but defended that type of action in a statement to KCAL.
“The purpose of any investigation is to gather the evidence and facts of an incident,” the statement read. “If an incident involves the claim of injuries to any of the parties involved, facts pertinent to that investigation would include injuries that were sustained. Documents — such as copies of medical records — would be relevant to the investigation.”
The suit also accuses Andrew of ripping Pinnock’s dress and exposing her “bare buttocks” to drivers alongside Interstate 10, where the incident occurred. Authorities have seized the clothes Pinnock, who is homeless, was wearing during the encounter.
The video was filmed by a passing motorist, David Díaz, as he made his way onto the freeway. Pinnock’s lawsuit argues that an investigator named “S. Taketa” has “intimidated” him after the clip went online.
Watch KCAL’s report on the lawsuit, as aired on Saturday, below.