SANTA ANA, Calif.
(AP) A California judge on Monday dismissed a lawsuit by a police officer who says he was attacked and arrested after being accused of being a drug dealer.
The judge’s decision also means that a trial date in the case will be delayed.
Judge Daniel R. Hynes ruled that the lawsuit against Officer Richard Avila is premature because of a delay in the investigation into the beating.
Ricardo Rios, a veteran cop, is charged with felony aggravated assault after police say he attacked and detained a man he believed to be selling drugs at a Santa Ana convenience store.
Hynes ruled the lawsuit could proceed.
On Friday, Hynes said the lawsuit was “too premature” to proceed because the evidence showed Rios was in fact a drug supplier.
Prosecutors had asked the judge to dismiss the case, but the judge rejected the request.
It is unclear how the lawsuit would be settled.
The case is not the first to be dismissed by Hynes.
A jury in April found Officer Richard B. Williams, a six-year veteran of the force, not guilty of assault.
Williams was charged with criminal assault in March, but prosecutors dropped the case in August after he pleaded guilty to misdemeanor drug possession.