A driver who almost died after he was allegedly brutally beaten by California Highway Patrol officers has received an undisclosed settlement after his lawsuit was dismissed.
In his lawsuit, Olegs Kozacenko, a then 58 year-old American citizen claimed that he was stopped by two California Highway Patrol officers without probable cause. They looked at all of the normal documents and then allegedly entered his cab and searched his sleeper without getting permission, but found nothing.
Kozacenko claims that the officers then asked him to leave the vehicle and wrote him a ticket for exceeding his hours-of-service limit despite being within his allowable hours. Later on, according to an NBC report, one of the officers admitted that he was confused about either the log book or the actual HOS rules. It was even revealed that the officer wasn’t even looking at the logged hours from the correct day.
When Kozacenko refused to sign the ticket unless he was allowed to read it first, the officers claimed that they needed to make a “forcible arrest.” They threw the driver to the ground, tased him, and were so rough with him that his medical records showed that he actually stopped breathing before emergency medical responders could get him to a hospital, and his injuries included “a crushed left orbital eye socket, multiple facial fractures, a broken left arm, a concussion, unconsciousness and possible neurological damage.” The damage was so severe in fact that he had to be transported to a second hospital after the first he was brought to didn’t have sufficient facilities to treat him.
Kozacenko’s lawsuit also claimed that the officers falsely reported other crimes, including that he was driving under the influence (a charge that was dropped when his blood alcohol level came back at 0.0%) and implied that he was in possession of drugs (which turned out to be table salt).
In the end, Kozacenko was only ever charged with misdemeanor resisting, obstructing or delaying a peace officer, but that charge was dismissed by a judge after he heard testimony about what had happened. According to the CHP, video wasn’t available because there was no dash cam footage of the incident and the dispatch logs of the radio conversations pertaining to the incident weren’t available because of a system malfunction.
Kozacenko filed his own lawsuit against California, but agreed to mediation. The state has settled the matter for an unknown sum.
Source: overdrive, nbc, thinkprogress, truthdig, thetruckersreport
Marcel Dunant says
Dammit man!
Gray says
Wow! Those CHP’s should be drug tested, then fired!
Rocky says
This is what the general public has to aware & afraid of.
AG says
I bet, those two, still with CHP.
John says
A very just lawsuit!
I hope he soaked them and those cops today better not have a job!!!
Al says
Undisclosed settlements usually mean they admit no wrongdoing and nobody was disciplined. Guaranteed these two criminals are still stalking errr… “Protecting and Serving” the highways.
Robert says
And thats why we don’t go to California. If I beat a man like that in California I would be in prison. If the thug gang members out there don’t get you the sorry ### cops will. What a crooked nasty self serving state. I really wish it would just fall off into the ocean.
Al says
Why does the headline read “allegedly” when this assault, “factually” and “wrongly” occured?
Samuel Barradas says
Typical cover-your-butt to prevent getting sued by the police union. The officers weren’t found guilty at trial, and the settlement produced no admission of guilt, so stating their guilt as “fact” would leave us open to a slander lawsuit. No thanks.
R.J. says
Our governments, local, state and federal, are becoming increasingly predatory in their dealings with the public at large.
Police seizures of property of average citizens are rampant, despite the law’s origins were to combat organized crime.
The IRS is out of control and has been for some time.
America’s Public “servants” are anything but.
Anthony says
Charged with resisting?? Are they serious???!!!! When they’re beating the hell out of this guy….What the hell is he suppose to do…Take it???!!! MAGGOTS!!!!!!
Craig says
Won’t run California best thing to happen is a massive earthquake separates that state from north America and let them survive by themselves
Mark Anglin says
As a resident of CA ….I’m sure you guys don’t really mean that ..and corrupt CHP officers are the exception ..not the rule ..hope the driver soaked them for all he could though ..no excuse for this ..
Mike says
That’s your taxpayed money! Maybe you should be a little more cognizant of whom you pay to protect and serve you in your state. That sounds eerily like a shakedown if I ever heard one. Absolutely no reason for that kind of malice toward a person, no matter where they are from. Sounds like those two officers have been watching too much Sons of Anarchy to me!
Floyd Nasby says
This is yet another reason, my truck won’t ever cross the Cali state line.
Richard Paley says
This is happening all over America, I have personal knowledge after experiencing a similar situation in Tn. I spent over 50,000.00 dollars in legal fees to exonerate myself. Coincidentally all the cameras in the scale house and the police car had been erased. The trooper stripped searched me in a most vile way and is still out there today. On the other hand after 39 years of safe driving I am now out of business and afraid of police, I am a 56 year old white male, imagine if I were a person of color
Vic says
I remember this story was on a news like a year ago or so. And what i remember they described this truck driver as a skiny guy about 160 pounds or something. Now immagine two body builder-cops beating this poor guy to near death. Was it nesesary to beat the guy like athat even if he perhaps tryied to resist arrest? For two cops, with teasers and guns. There was also drivers picture on a news, and his face was all blue. Those cops not only have to be fired but must go to jail. Im pretty sure this case has something to do with discrimination, too. Guy has ukrainian last name. And at 58 he probably has heavy accent, or poor english. Which is why they searched the cab without permission or order. No matter what colour of skin you are, what religion or what country you were born in, you shouldnt be treated like this by any body. And speccially by government and law representatives in the face of those cops. They must watch for situations like this and stop them. But they do oposite, they create those situations. Its a mess. What example they give to the public. Or what right they have to acuse some one of beating some body else if they do it by them self. When cops are at work they are face of the law. And if they are doing what they did, they failed their mission. And now the law must turn against them and those HPs should 1) never work in this sphere again. 2) Go to jail for beating a man. Jail must be a work place. Where they make money to pay medical bills and pay for sick time of the guy. And any disability. Not government should pay for it. If it doesnt happen, that only shows how corrupt the system is. And its gona lead a nation to become a third world country in the future. Its sad.
EZmule says
10-4. I am still bothered about that man the NYPD killed in NYC that was selling loosies. They got away with it. Didn’t cost them a dime.
Greg Plaza says
I totally agree, both of these cops should be in jail!. And just the thought of charging this driver with DUI and possession of a controlled substance is ludicrous. It seems as though they were trying to rationalize the brutality. Why would they even try something so stupid?.
David Steele says
” no dash cam footage of the incident and the dispatch logs of the radio conversations pertaining to the incident weren’t available because of a system malfunction. “……………..yea right.
John says
Those 2 guys should be 3rd shift security guards at a manure facility.
Shane says
Of course they had malfunctions of the recordings!!! After all the bad press on brutality then they beat a white guy, can’t have that.
Wayne says
All I have to say about what happened is we were not there.
Rod McDonald says
We are lucky we were not there or we would be in the hospital too.
Stan says
How convenient that there were no dispatch logs because of a system malfunction and no dash cam footage? There’s more here than what is being told
Rod McDonald says
I wish people would stop settling out of court. These thugs need to face a jury and be convicted and do hard time.
Ted says
My truck is too old to work in California… after reading this…it may be a blessing because if that was me…all three of us would of visited the hospital.