Thursday, U.S. District Judge R. Gary Klausner ruled that former Deutsche Bank executive Brian Mulligan's claims of negligent supervision and false imprisonment will be heard at a trial Jan. 21.
The judge, however, dismissed Mulligan's retaliation claim against the city for losing his bank job. He also dismissed a separate retaliation claim against the police union last month.
Mulligan is seeking $20 million in damages, claiming he was beaten May 15, 2012 by two officers. The beating left him hospitalized.
According to court documents, two officers stopped Mulligan and gave him a field sobriety test, which he passed. Police say Mulligan told the officers that he had ingested so-called white lightning, or a type of bath salts. Officers searching his car found about $3,000 in cash. The officers drove him to a nearby motel where he was ordered to stay until morning.
Worried he was "being set up," Mulligan left and ran into the officers, and he alleges they severely beat him.
Mulligan, who had no prior criminal record, was arrested for investigation of resisting arrest, but county prosecutors declined to file charges. A civilian oversight board found the officers' use of force to be appropriate.
One officer named in Mulligan's suit is on leave pending a disciplinary hearing for unrelated allegations that he coerced women to have sex or face arrest. Those allegations form the basis of the negligent supervision claim, said Mulligan's attorney Skip Miller. The other officer is assigned to non-field duties, Los Angeles police Lt. Andy Neiman said.
Bath salts are marketed as benign products but when ingested can give users a high similar to those who take cocaine or methamphetamine.
The Associated Press contributed to this report.
