KGO cameraman sues Oakland police for attacking him on Lovelle Mixon Day 2009

The video shows off-duty Officer Fred Shavies running toward Laughlin and yelling, "Hey! Get the f-- out of here!" Shavies then knocked Laughlin against a parked car, breaking the camera's viewfinder, according to the suit filed Tuesday in U.S. District Court in San Francisco.

A group of officers then forced Laughlin away from the hospital and onto East 31st Street.

"You guys can't do this to me," Laughlin protests on the video.

Sgt. Rich Vierra, who at the time was chief of staff to then-acting Chief Howard Jordan, tells Laughlin, "Sir, look at what we're doing here, man. Sir, that's one of our police officers that got shot. You need to leave."

Uniformed Officer Luke Sincerny repeatedly tells Laughlin, "Please go," as off-duty officers herd Laughlin along.

Laughlin tells the officers that they can't force him away because it's a public street. Sincerny responds, "It's not important right now," as Vierra tells the cameraman, "It's not. You are interfering with a crime scene. I will place you under arrest."

The camera kept rolling as the officers pushed Laughlin across the street and onto the sidewalk, the suit said. Officer William Pappas tried to tear the battery pack off the camera, and an unidentified sergeant put up yellow police tape to block Laughlin's access, the complaint says.

The suit, which names the city, the Police Department, Shavies, Vierra and Pappas, seeks unspecified damages and a court injunction barring Oakland officers from "interfering with plaintiff's and other television camera persons' and other journalists' rights to engage in journalistic activities."

The suit was filed by San Francisco attorneys Charles Bourdon, Rai Sue Sussman and John Scott. Scott often files lawsuits against the city of Oakland on behalf of officers who believe they were wrongly disciplined.

"I think obviously it was a horrible day for everyone," Sussman said. "It was an emotional time. But that is why we have a professional Police Department. We expect that because they have extra responsibilities, they should be able to act professionally in an emotionally charged time."

Officer Jeff Thomason, a police spokesman, said viewers should recognize the context of the video. Officers were dealing with what was the single deadliest day for the department. Sgt. Mark Dunakin and John Hege, both motorcycle officers, were shot and killed by wanted rapist Lovelle Mixon during a traffic stop. Hours later, while holed up in an apartment building, Mixon shot and killed SWAT Sgts. Ervin Romans and Daniel Sakai. Mixon was then shot dead by police and an Alameda County sheriff's deputy.

The officers outside the hospital were trying to come to terms with a horrific loss, Thomason said. Some were concerned that video of the stricken officers could be viewed by family members before they had been notified, police said. "They're human beings," Thomason said.

The city paid several thousand dollars to replace Laughlin's viewfinder, Thomason said. "It doesn't change how they acted," he said. "An incident took place that was unfortunate. We did an internal investigation. Obviously we're not proud of it, but corrective matters were taken."

By: Henry K. Lee