Fresno, CA (DMN) – Two pairs of Fresno police partners have initiated a legal action, alleging that they were wrongly accused by superiors of engaging in a sexual assault and subsequently attempting to conceal it.
A lawsuit was filed on July 30, stemming from an incident that occurred on June 3, 2023. During this incident, a woman who was being questioned by the police alleged that she was sexually assaulted by Officer Sean Clapper. However, the filing argues that if the body-worn camera footage and other evidence were properly examined by the Fresno Police Department, it would exonerate the officer.
Clapper, along with his partner Daniel Saldana and two other officers, Justin Phoolka and Karanpreet Sangha, filed a complaint with the U.S. Eastern District Court of California.
The city of Fresno remains tight-lipped regarding ongoing litigation, as stated by Sontaya Rose, spokesperson for the Fresno Mayor’s Office. The filing highlights that although none of the officers were charged with a crime, it acknowledges that the accusations have had an impact on their career progression within the department.
The Fresno County District Attorney’s Office declined to comment on the case due to the ongoing litigation. However, the officers involved were not charged, as stated by the DA’s spokesperson Taylor Long, citing insufficient evidence.
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The lawsuit includes former Chief Paco Balderrama, Sgt. Jonathan Long, Sgt. Dave Wilkin, and the city of Fresno as defendants.
The officers allege that their personal possessions were unlawfully taken when their electronic devices were confiscated, and they claim to have been subjected to retaliation and other improper actions.
They are requesting an undisclosed sum of money to be determined during the trial, as stated in the records. The attorney representing all four individuals did not respond to requests for comment.
According to the lawsuit, the officers were executing a warrant on a woman with a history of criminal activities involving drugs, guns, and sex work, who was also on probation.
The officers’ body cameras recorded the entire interaction with the woman, except for a few crucial moments. According to the filing, Phoolka approached her to discuss her role as a confidential informant, a civilian who provides information to the police. According to the lawsuit, there were witnesses present, including a cadet and another officer, who had their cameras recording at the time.
The woman declined the offer. According to the lawsuit, there was another instance when she was alone with Clapper in a police cruiser on the way to Fresno County Jail, without a camera rolling. The camera started beeping repeatedly, indicating that the battery was about to die. Consequently, he decided to switch it off.
Upon arrival at the jail, the woman informed a nurse that she had experienced a blow to the head from an officer and subsequently hit her head again when being forcefully placed into the police cruiser, according to the lawsuit. She was taken to a nearby hospital for evaluation.
According to the lawsuit, the woman expressed her desire to contact a family member at the hospital, but her request was denied by Clapper, citing protocol. According to the lawsuit, she asked a nurse at the hospital for a rape kit examination.
The complaint alleges that the woman’s statements to the police regarding the sexual assault were not consistent. During the conversation about becoming a confidential informant, she claimed to have been assaulted. This incident occurred while she was speaking to Phoolka, who is of Asian descent.
According to the lawsuit, during a lineup organized by Fresno police, the individual was able to identify Clapper, who is white, from a selection of 15 photos of officers in uniform.
According to the lawsuit, one of the defendant sergeants, Long, allegedly failed to adhere to proper protocol during the lineup and reportedly provided guidance to the woman involved. The lawsuit alleges that the cruiser’s digital tracker indicated that the car stayed on its intended route without deviating.
The court filing alleges that both sergeants, Long and Wilkin, violated the civil rights of the officers. All four individuals were questioned and required to undergo DNA testing. According to the lawsuit, there were instances when the defendants instructed the attorneys of the officers to exit the interrogation room.
The lawsuit highlights that the group of officers declined to participate in a second round of interviews conducted by the higher-ranking officers. According to the lawsuit, Clapper was occasionally placed on administrative leave during the investigation, but all four officers are still employed and on duty with the Fresno Police Department.
Source: The Fresno Bee
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