The attorney representing the father of Kelly Thomas -- who died five days after an altercation with Fullerton officers in July -- filed a lawsuit Friday in another case involving Fullerton police.
Read: Complaint for Damages | Police Report
Attorney Garo Mardirossian said he is taking legal action in the October case of Veth Mam, who was arrested by Fullerton police Oct. 23 and later acquitted.
Mam was acquitted in July of misdemeanor charges of battery on an officer and resisting arrest. His attorney in that case said video that Mam took during the encounter led to his acquittal because it contradicted an officer's testimony.
"You've got to believe the video or the officers, and the video doesn't lie," Mardirossian said Friday.
The lawsuit (PDF) alleges that Mam's civil rights were violated. The suit also argues that officers engaged in a cover-up.
Mam was walking to his car Oct. 23 when he saw a friend being arrested by police, according to attorney David Borsari. The arrest happened at 100 W. Amerige Avenue, according to the police report (PDF). Mam began recording video of the arrest. At one point, an officer can be seen knocking the cell phone camera out of Mam's hand.
"Once he grabbed me down and slam me around... I was scared," said Mam.
Another person picked it up and continued recording.
"The thing I remember...they grabbed me by the sleeve... slammed the phone down... and just toss me around... (i thought) well maybe they'll let me go right away"
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The department recently said the arrest may have been a mistake.
According to Mardirossian, the officer who knocked the phone from his client's hand-- Officer Kenton Hampton-- was also involved in the alleged beating of Kelly Thomas.
Fullerton police have not confirmed whether any officers involved in the Oct. 23 arrest were involved in the July 5 arrest of Thomas at a transit station. Thomas died five days after the altercation and the case has prompted outrage in the community.
Related: Kelly Thomas Case Timeline
The department isn't talking about the lawsuit--but Thomas' mother, who learned about it from NBC4 news, is.
"That's another shame... all of these what ifs.. if they would've taken care of that guy at the time, maybe this wouldn't happen to my son...my son would still be alive... he would still be out here fine," said Cathy Thomas.
In a press conference Friday, Mardirossian told reporters, "Certain officers that are being permitted to break the rules... and it's gotta stop!"
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