Man shot by Costa Mesa officer files federal lawsuit

A man who was shot and injured by a police officer responding to reports of home break-ins has filed a federal lawsuit against the officer and the city of Costa Mesa, alleging his civil rights were violated.

Attorneys for Bradley Montgomery, in a civil complaint filed earlier this week at the federal courthouse in Santa Ana, accuse Officer Dana Potts of using excessive force when he shot Montgomery in the stomach on Aug. 14, 2018.

Costa Mesa officials declined to comment, citing a policy of not discussing pending litigation.

The lawsuit alleges that immediately after firing his weapon, Officer Potts exclaimed, “Oh shoot!”

It also alleges that Montgomery “did not pose a threat to anyone” at the time the officer shot him, and that the officer “did not warn Montgomery prior to shooting him even though (he) had a reasonable opportunity to do so.”

The lawsuit seeks at least $3 million in damages.

The Orange County District Attorney’s Office, which is tasked with investigating most shootings involving officers in the county, previously concluded that there was “a lack of sufficient evidence to prove beyond a reasonable doubt criminal culpability on the part of Officer Potts when he shot (Montgomery).”

According to the DA report, several officers, shortly before 5 a.m., responded to reports of a man dressed all in black trying to break into the patio of a home.

Neither Potts nor Montgomery spoke to the DA investigators. But another officer reported seeing Potts walk into a grassy area near the patio, then hearing the sound of a gun being pulled from a holster and a single gunshot.

After the shooting, another officer told DA investigators, Potts asked Montgomery, “What did you have in your hand … a metal stick?”

According to the DA report, two “metal objects” that could have fit the description of a “metal stick” were found nearby.

“It was dark, Montgomery was dressed in black, was observed climbing over a wall into an enclosed, locked patio, which had an open sliding glass door of a residence,” the DA investigators wrote in the report.

“This could have reasonably created a belief in Officer Potts’ mind that the use of lethal force was necessary to stop the threat that Montgomery was posing.”

According to the DA report, Montgomery was later charged with prowling, pleaded guilty earlier this year, and was sentenced to 30 days behind bars.