Judgment reinstated against cop in testicles-squeezing case

By Cy Ryan (contact)

Wednesday, March 4, 2009 | 5:21 p.m.

CARSON CITY — A federal appeals court has reinstated a $180,000 judgment against an officer of the Las Vegas Metropolitan Police Department who was accused of roughing up a civilian, including squeezing his testicles, for 10 seconds.

The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, has put into effect the findings of a district court jury in Las Vegas against Officer Eugene Engle and in favor of Christopher Tortu involving an arrest at McCarran International Airport in July 2001.

Tortu boarded a Southwest Airlines Flight to Los Angeles without a ticket. Police were called and took him off the plane. There are differing accounts.

Tortu said he was beaten in three locations. Officers said Tortu was resisting arrest and they had to subdue him.

Tortu filed suit and a jury returned a verdict in favor of Officers Richard Cashton and Duane Cowley but found Engle liable. Tortu testified he was placed in the back seat of a squad car and Officer Engle reached in and squeezed Tortu’s testicles as hard as he could for about 10 seconds. Tortu said he could not breathe. And he had to receive $4,000 worth of medical treatment.

Engle denied the incident.

A jury found for Tortu and awarded him $175,000 in compensatory damages and $5,000 in punitive damages. U.S. District Judge Robert Jones, however overturn the award and granted a judgment in favor of the police officer and approved a new trial.

Judge Jones ruled the jury reached an unreasonable conclusion and Officer Engle was protected by qualified immunity.

The appeals court, in an opinion written by Judge Procter Hug Jr., said Judge Jones was wrong in granting the judgment in favor of the police officer because he or his attorneys failed to make the required motions to grant a judgment in favor of the officer.

Hug said the medical evidence showed definite injury to the testicles for which the officer offered no explanation. “Engle offered no alternative explanation as to how Tortu’s injury may have occurred other than Engle’s squeezing of Tortu’s testicles” said the majority opinion.

The appeals court said the $180,000 was not excessive.

Circuit Judge N. Smith, who wrote a partial dissent, would have upheld Judge Jones in granting the new trial. He said officer Engle was standing outside the car when he reportedly reached in and grabbed the testicles of Tortu. He had to reach between the front seats and the mounted mobile computer terminal.

Smith said, “Officer Engle’s ability to make these maneuvers (while standing outside the car) seems highly improbably, if not impossible.” He said that Tortu could not conclusively identify which officer actually squeezed his testicles.