City settles lawsuit for $350,000 after woman sued officer for excessive use of force

Ashley Brooks slammed to ground outside Qualcomm

SAN DIEGO - A former San Diego woman tells 10News she is somewhat relieved after the city agreed to settle a case she filed in federal court nearly a year ago for $350,000.

Ashley Brooks said she was slammed to the ground by a San Diego police officer outside Qualcomm Stadium during a 2012 Chargers game. Brooks was being held against a concrete barrier with her wrists handcuffed behind her back when she was picked up and slammed face first into the ground.

Now, nearly one year later, there is a settlement, but no admission of guilt.

A photo showed 30-year-old Brooks in the intensive care unit not long after she says San Diego police Officer Jadarric Davis slammed her to the ground while handcuffed outside Qualcomm Stadium in September of 2012.

"Her face hit the pavement, so her chin hit and it fractured her jaw," said Brooks' attorney Mike Marrinan.

As a result, Brooks had to have her jaw wired shut for two months.

"I have permanent numbness in my chin area so there's some repercussions for that. I drool at night and I didn't do that before," said Brooks.

She also suffered a concussion and lost two of her teeth.

To this day, she does not remember much.

"I remember being on the ground and for a brief second saw the puddle of blood below me and then I went unconscious," said Brooks.

Before this all took place, Brooks was watching a Chargers game from her seat and then told by police she was being ejected from the stadium.

According to her, she was never told why, not even after she was Tased.

"I asked several times for them to tell me why I was being told to leave and they didn't tell me anything," said Brooks.

On Wednesday night, 10News caught up with Davis, who Brooks says used excessive force on her. Davis, though, could not comment.

"Can't do it," he said from his Spring Valley home. "I just can't. It's against policy. I can't do it because I have no comment about the situation."

Davis did confirm with 10News that he still works for the San Diego Police Department.                  

Brooks says she hopes this never happens again.

"I felt fortunate for the circumstances that people were actually there to report what was seen and to stick up for me and in a lot of different situations I wouldn't have been so lucky," she said.

Brooks and her attorney feel if it was not for witnesses coming forward, there would have likely been no justice served.

"We're pleased that Ashley received some level of justice," said Marrinan. "Of course, the only real justice would be for this to have never happened. They're only allowed to use the amount of force that's necessary and when they're doing it, I don't think they think about these devastating injuries that happen."

UPDATE:

Since 10News' story aired Wednesday, SDPD Lt. Kevin Mayer told 10News reporter Preston Phillips that Brooks' initial ejection had to do with improper conduct with a nexus to alcohol.

According to Mayer, this ultimately led to her being arrested for assaulting a police officer.

Mayer went on to state that Davis has not been charged criminally for this incident nor will he be charged in the future. Mayer said that Davis is currently a police officer assigned to patrol.

Mayer also added that Brooks was not charged.

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