Judge Kills Lawsuit Against Cops Who Lured Resident Outside For Public Intoxication Arrest

FullertonPoliceDepartmentFilm.jpg
OC Weekly
A federal judges has killed a former Fullerton College football star's civil rights lawsuit featured in today's Moxley Confidential column.

U.S. District Court Judge James V. Selna granted summary judgment to the Fullerton Police Department and two officers accused by Matthew Goggans of arresting him on trumped up charges stemming from a loud music complaint in 2011.

Selna, a 2003 President George W. Bush appointee, determined that the officers had probable cause to make the arrest after declaring he didn't see a problem with the cops luring Goggans outside to his home porch and then charging him with being drunk in public.

The judge determined there was "mixed" evidence on the intoxication count and unworthy of a future jury's consideration.

On the second charge of interfering with a police investigation, Selna declared that the officers' request for Goggans identification was "reasonable."

"[Goggans'] identity was relevant to the officers' investigation of the noise complaint," the judge opined. "It is evident that the officers sought the plaintiff's identity not to justify an arrest of plaintiff but as a 'commonsense inquiry' related to identifying the proper party to whom to issue the citation."

The Orange County District Attorney's office previously disagreed, rejecting both charges made by officers Frank Nguyen and Anthony Ciciarelli as flimsy.

Go HERE to see the column about the incident.

Follow OC Weekly on Twitter @ocweekly or on Facebook!

Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.

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52 comments
tongue_twister_for_t
tongue_twister_for_t topcommenter

Hey Judges: Go tell that to the 9/11/01 victims families that were destroyed over the illegal invasions of other countries that you are charging American citizens with crimes they have NOT COMMITTED!


You know: The ones that brought down the World Trade Center Towers that I wanted to visit but cannot now because they don't exist anymore.


I remember King Kong the movie with Jeff Bridges and Jessica Lange.

insidewireman88
insidewireman88

Unless you call the Police dont open the door for them . That would have prevented this whole situation. The police either go away or kick your door in and they better have a good reason besides wanting to see your ID....or do they

insidewireman88
insidewireman88

Its obvious these cops dont like their jobs and need to find employment elsewhere Not in law enforcement!

insidewireman88
insidewireman88

Irvine Police did the same thing to me,its a chump arrest and the courts back the Police not the citizens . I dont open the door for the police EVER!! anymore , unless i need there services .

If your smart you wont either ! I had a party cops came i didnt open the door and they left the notice on the porch and went on there

way.

18usc241
18usc241 topcommenter

"The judge determined there was "mixed" evidence on the intoxication count and unworthy of a future jury's consideration."

Mixed evidence or deliberately lost evidence which is felony obstruction/fraud. The assholes are in the details.

Darline Franco
Darline Franco

Can't the cops just do what they get paid to do and not worry about pple who party on the low key at home. In the privacy of their own homes. Fuck!!!!!

deecomm46
deecomm46

I hope Goggans takes this to the next level. This is not Nazi Germany. We do not need to carry identification while in our own homes. They demanded ID, he did not have it or refused to show it (his right), and they wouldn't let him go back inside. Across the nation police departments have run roughshod over the constitution and our courts have all too often backed them up. There's a very scary undertone to this arrest.

D Irty Merlin
D Irty Merlin

weeeee shalll overrrrrcomeeeee.weeee shhalll overrcommmeeeee. poor steven.

D Irty Merlin
D Irty Merlin

Steve SanFilipo hahahaahahaha poor whitey poor whitey. yur sadness ruined my day. dontt be sad steven. it gets better. we shallll overrrrcommmmeeeeeeeeeeeeeeee

Joe Campas
Joe Campas

maybe it's time for cops haters to kill them and oc weekly to closed shop.bias. i'm calling out to every cop haters & oc weekly employees whom take these news with salt,have you read your own post,listen to yourselves,even think for a moment to sink the news in? you all sound like retards.so come on with your retarded bias quick thoughts.in 3...2...1

Joe Campas
Joe Campas

who remembers the kelly thomas bullshit? oc weekly give a shit to that then anything else,especially food and everything else in that nature.as far as i've know,they never reported any news on good cops or government issues. almost all there news are on one cop,ramos.like they fucking love him or something behind their hatered. btw it's called,them being bias.

Bert Ashland
Bert Ashland

What difference does it make who appointed the Judge?

Joshua Thompson
Joshua Thompson

A.C.A.B Fuck Fullerton anyway. Anaheim Baby thats where its at.

BBAIN
BBAIN

There should be a law that taxpayer provided funds cannot be used to pay punitive damages for lawsuits against police.  By all means, go after the police personally, but why should I have to pay for the stupidity of incompetent police officers?

John del Real
John del Real

And no..I didn't..all I said was that any report s made on police officers is usually negative. Should they report it ... Yes they should....it is important to report these things when they happen so it doesn't continue. I think it is also important to report when they do good. Both sides of the spectrum need to be heard and seen. Bad things happen...that is the truth....good things happen...that is also truth....if only one side of the story is being told...that is only half truth.

John del Real
John del Real

Where was that study done...doesn't sound accurate.

Steve SomeRandomguy Sobol
Steve SomeRandomguy Sobol

Yeah. Obviously, when bad actors cause problems, that obviously needs to be reported, but... see my previous comments...

Steve SomeRandomguy Sobol
Steve SomeRandomguy Sobol

Cops risk their lives every day. I'm not saying EVERY cop risks his or her life EVERY day, but as a group.... So I don't think it's a bad idea to do a positive story now and then.

David Nichols
David Nichols

The police errored but, the judge who ruled it was not a problem is even more culpable, he's supposed to backstop us so this kind of crap doesn't happen.

John del Real
John del Real

Can that be said about every cop.... Every station?.... Everywhere? If not then it is generalizing. Although I do agree that is the case in some cases. It isn't always the case. It would be nice to seet some praise to the ones they do try even amidst all the corruption.

billyjoelmartin
billyjoelmartin

i thought your property was your porch your your frontyard so how in the fuck can loser pigs that have nothing else to do get this guy for drunk in public fuck them all talk shit to them tape them ignore them they all should be fired pricks

Tiana J. Chambers
Tiana J. Chambers

Im not generalizing at all. Im just saying, when something wrong goes down, there are always multiple officers around and you never hear them go against each other. All im saying is that good cops should be the main ones who want bad cops out because they are giving them(the good cops) a bad rep. Corruption in police departments is an institutional failure and it starts from those within allowing it to continue.

John del Real
John del Real

also please dont misunderstand..im glad oc is reporting here..it would be nice to hear about the good also

John del Real
John del Real

it might be there job...but it never hurts to hear about it...the world needs it..so they can know that somewhere out there there are some people doing good....at least they are trying...that's more than can be said for a lot of people out there...and my statement wasn't for sympathy...it was a call for balance..to much focus on the bad cops..not enough on the good cops...media promotes forcible opinions...they show you what they want you to see.

John del Real
John del Real

Can't generalize like that..its not like its a super big conspiracy that all cops, all over are in on...some cops know..some cops are bad...some cops know about it and don't say anything..and some cops find out and change it...others know nothing...cant generalize...that's exactly what im talking about...generalizing..when you generalize...include all cops into the same statement..that makes them all look bad...they are not all bad.. so what you are saying is that every cop..everywhere all of the time..is really bad? that is a logical impossibility..you cant speak for everyone like that unless you know them all personally ..and have facts that that is actually happening... ..facts on all of them..everywhere..... I am not supporting bad cops..i am saying report them....write news about them...stop them....what i am saying is that they good cops...when they do good...report that too please..the world desperately needs it...we need to support and believe and have faith in the areas that do work..because if we don't..it will fall..and if it does...well..lets hope that doesn't happen..you think its bad know...see what happens if the good cops fall.....

Tiana J. Chambers
Tiana J. Chambers

Good cops, are doing the job they get paid to do. If they are really good cops, they should be the main ones calling out the bad cops who make a bad name for them all. Instead they all stick together right or wrong...that takes the good cop designation away if you turn a blind eye or keep silent about known corruption and abuses of power

Jake Rankin
Jake Rankin

I agree with John here we should focus on the positive and focus on fixing the negative instead of just complaining about it.

Eric Renteria Escobar
Eric Renteria Escobar

Ya sorry but i have no sympathy or remorse for the "good cops" argument because its their job and i and everyone else like me are paying their salaries... We need to expose the corruption because too many police personnel are being let loose for obvious violations of peoples basic rights and in many cases are straight murdering citizens with little to no consequences...It is important for the public to continuously be conscious of police activity so that we can keep them in control. Police need to be held to an exceptionally high standard at all times. Period. And i appreciate oc weekly for staying on top of these matters and reporting them.

Chris Lee
Chris Lee

John del Real you a cop. Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaahah!

John del Real
John del Real

I would love to see that changed some day . :-) maybe we need more normality.

John del Real
John del Real

lol no.. its just common sense to me..the media is skewed to cause more chaos..not to support good.

Jonathan Taylor
Jonathan Taylor

You don't hear about it because there is no reason to report on normal people doing their normal jobs that they are getting paid to do. However when the same people commit atrocities and horrible acts of unjustified violence, and act like criminals thugs, that's news.

John del Real
John del Real

..maybe its just me but im tired of the world being crap...maybe we should start focusing on making change..instead of making it worse.

Jose Alday
Jose Alday

John del Real Are u in some political job??? Is anyone in your family in politics or a cop????

John del Real
John del Real

nope...i believe in humans though...i know a lot of people start in that profession to do good...some start off bad..some go bad...some deal with so much stress they lose sight or are unable to tell the difference any more. public opinion.....many people read...Facebook..internet etc...the read and form opinions that dominate their perspective. One article..can changes a person opinion.. in some cases that's all it takes. I don't think its fair that so much focus is on the bad cops...yeah its needed..they need to be stopped...but the good cops...what about them..if all you do is publicize the bad cops people will only see the bad...and guess what...those people will treat all cops the same..even the good ones...and then guess what...those good cops...get sick..tired...they don't like sacrificing...(its is a dangerous profession) just top be treated hatefully...then that happens...they go bad...the cycle continues..things get worse. give the good cops some credit...why not ..people need to hear it..and the cops who are actually trying to do good need the support so they keep trying to make a difference.

John del Real
John del Real

There is a tremendous amount of publicity regarding cops and corruption. Yet, you hardly hear anything about cops saving lives or chasing bad guys anymore. I think its important to do reports on both. There are still some good cops out there. I think they need some recognition so people don't think that the entire system is broken. Its rotten , but if it falls...chaos...fix the problem by fixing whats broken..not trashing the whole thing...because then you are putting down the ones in there that are doing good...its twice as hard for them already trying to be a good cop..without public opinion judging every cop for the mistakes of few.

tongue_twister_for_t
tongue_twister_for_t topcommenter

@insidewireman88 


I agree, the public defender in an elder abuse case told me: "The police report and the DA's complaint against you had all sorts of holes in it because the supposed witness was standing too far away to witness anything". "The courts are corrupt though and it's a money sum game to them". I've even heard cops lie while I was waiting in the public area inside the courtroom, and the judges believe the cops because 63 percent of them are arseholes. "I have absolutely no influence over the outcomes of the trials in these courtrooms". Judge Derek Johnson, Newport Beach

tongue_twister_for_t
tongue_twister_for_t topcommenter

@18usc241  and 63 percent of the judges are rich assholes in OC appointed to the bench by a rich asshole corrupt politician.

meheecan-cris-doner
meheecan-cris-doner

you should not be calling persons retarded. have you noticed you're writing skills? they are the epitome of what not to do, ha!

deecomm46
deecomm46

@BBAIN  Because the police departments we pay for hired them, trained them and do or (more likely) do not discipline them for misbehavior.

ocdeputydawg
ocdeputydawg

That Statement really shows what a Dumb ASS you are. Put down the Crack pipe and get a life!!!

Dweezle
Dweezle

I get tired of the "They risk their lives" argument. They volunteered for the job, 

And can you tell me the last time a Fullerton Police officer was killed or seriously injured in the line of duty? Or for that matter when was the last LE person killed or seriously injured in the line of duty anywhere in OC? All I could find was a Deputy Sheriff who died in 2010 from being shot in 1980. other than that All I could find were Sheriff Deputies the most recent was in 1999  in 1978 a San Clemente PO was shot, Oh in March of this year an Anaheim Police Dog was shot...

This is not like in the 1960's when there were real groups fighting against many causes mostly Vietnam and yes officers died.

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