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April 7, 2021 \u2014 The family of Gerardo Magdaleno, the mentally ill man who was beaten by Ukiah police last week, is preparing to sue the city. Their lawyer, Isaak Schwaiger, is a civil rights attorney who specializes in police brutality cases. The case has not been filed yet, but Schwaiger says \u201cIt is primarily an excessive force lawsuit...but it also has a component that\u2019s derived from the Americans with Disabilities Act.\u201d Another claim will be inadequate training at the UPD for dealing with people having a mental health crisis. There will be a money damages claim, but Schwaiger also plans to ask for reform at the department.\nUkiah Police Chief Justin Wyatt posted a brief statement on Facebook, but has not responded to requests for interviews or a press conference. The department issued a press release signed by a subordinate the day after the incident.\nIt\u2019s not Schwaiger\u2019s first time in Ukiah. He also represents Christopher Rasku, who was beaten by former UPD sergeant Kevin Murray in 2018. Murray was fired last year after being charged by the District Attorney with sex crimes, burglary, and possession of methamphetamine. Schwaiger says Murray broke eight of Rasku\u2019s ribs after forcibly entering his home. Murray was promoted to sergeant after the incident. \u201cNot maybe the best candidate for sergeant that the department could have picked,\u201d Schwaiger remarked.\nRasku was charged with resisting arrest, but those charges were dropped after bystander video and body cam footage contradicted Murray\u2019s account. Magdaleno is also facing felony charges of resisting or threatening an officer. \u201cIt\u2019s practically guaranteed,\u201d Schwaiger says. \u201cBecause of a court case from many years ago, Heck vs. Humphries, if a person is found guilty of resisting arrest, that can bar them from seeking justice in the civil courts for the use of excessive force. Police officers know this, and therefore when they use force on someone they arrest them for arresting. It\u2019s their insurance policy so they don\u2019t get sued.\u201d Magdaleno\u2019s case is a civil case, because only district attorneys, not private citizens, can bring criminal cases.\nThe Rasku case is against Murray directly. The claim against the city was dismissed early in the litigation, but Schwaiger expects the matter to either go to trial or settle soon. Schwaiger plans to sue the officers involved in this case under fictitious names until their identities come out in discovery. \u201cIt\u2019ll say John Doe #1 fired a Taser into a naked and defenseless man,\u201d Schwaiger explained. \u201cIt\u2019ll say John Doe #2 kicked the man in the head. And it\u2019ll say John Doe #3 punched him about the head twelve times. And it will identify them like that, and once the case opens up, we will learn their true identities and amend the complaint to conform to that evidence.\u201d\nSchwaiger, a wartime veteran of the Marine Corps, says \u201cI see things that cops do on Main Street every single day that would have had marines court-martialed if they did it in Iraq. People talk about the militarization of the police. I almost wish they were more militarized, in the real sense of the word. Meaning that there was discipline, and accountability.\u201d