Officer Shandy Cobane was suspended for 30 days last year after the release of a widely publicized video that captured him making the threat to Martin Monetti Jr. during a robbery investigation the morning of April 17, 2010.
Monetti was detained along with three other men after a robbery took place near the China Harbor Restaurant, where Monetti said he was celebrating his 21st birthday. He said he witnessed an armed robbery in the parking lot, but was not involved.
Court documents say Monetti was non-compliant with officers' commands to lie face down on the ground, forcing Cobane to resort to what he called a "command voice de-escalation" technique, which involved the comment: "I'll beat the [expletive] Mexican piss out of you, homey."
The city has called the comment unprofessional.
Monetti filed a lawsuit in U.S. District Court last year against the city of Seattle, Cobane and another officer. The suit alleges Monetti was the victim of civil rights violations, unreasonable use of force, assault and battery, outrageous conduct, emotional harm and intentional discrimination.
The suit accuses Cobane of kicking Monetti in the head and stomping on his hands several times, all while Monetti allegedly complied with police orders. In the 25-page motion filed by city lawyers, they counter the allegation of Cobane kicking Monetti in the head, citing analysis of the video by a videographer.
Prosecutors have found no evidence of criminal conduct on the part of Cobane or the other officer.