A federal court has dismissed a lawsuit filed against LAPD Chief Charlie Beck by Giovanni Ramirez, the man mistakenly identified as the suspect in the beating of Giants fan Bryan Stow on opening day in 2011 at Dodger Stadium.
Ramirez has appealed the dismissal, according to court records.
Ramirez charged in his original lawsuit that his civil rights were violated and he was publicly defamed after his arrest. Also, Ramirez said the city violated his Fourth Amendment rights when officers searched his residence for evidence.
But U.S. District Judge Gary A. Feess last month granted the city's motion to dismiss based on the fact that Ramirez was never criminally charged and, therefore, suffered no violation of due process, the City Attorney's Office said in a statement.
The court also decided the city did not violate Ramirez's Fourth Amendment rights because he was on parole at the time and subject to searches.
"This ruling affirms our position that the police acted appropriately in the course of this investigation," City Attorney Carmen Trutanich said in a statement.
Ramirez was identified by police as the main suspect in the March 2011 attack on Stow in the Dodger Stadium parking lot after the opening-day game.
Stow suffered brain damage as a result of the beating.
Ramirez was arrested as a suspect in the beating in May, and then held on a parole violation but never formally charged with the assault.
At a press conference on May 22, 2011, Beck told reporters: "I believe we have the right guy. I wouldn't be standing here in front of you. I certainly wouldn't be booking him later. ... We have to be effective to put this thug in custody."
After two other suspects, Louis Sanchez and Marvin Norwood, were detained in July 2011, Beck called the arrest of Ramirez regrettable. The two are facing felony charges of mayhem, assault by means likely to produce great bodily injury and battery with serious bodily injury.
The lawsuit was dismissed Dec. 17. The same day, Ramirez's attorney, Okorie Okorocha filed an appeal with the Ninth Circuit Court of Appeals.
Okorocha didn't immediately respond to a request for comment on Monday.