Arrest leads to trauma claim

A Fountain Valley man is asking Newport Beach for $100,000 for psychological trauma he claims he suffered after a Newport Beach police officer allegedly caused him to urinate on himself.

Police arrested Davin Palitz at the Villa Nova Restaurant, 3131 W. Coast Hwy., on suspicion of driving under the influence Jan. 3, records show.

In a claim filed against Newport Beach earlier this month, Palitz alleges a Newport Beach police officer caused him to urinate on himself when he would not let him use the bathroom during his arrest.

Palitz, 43, was driving a 2007 black Cadillac Escalade with a personalized license plate that read “Yaucht” on West Coast Highway about 10:45 p.m. Jan. 3 when police received a cell-phone call from someone who was concerned about his driving, Newport Beach Sgt. Evan Sailor said.

The caller told police Palitz ran a red light on the highway, nearly causing a traffic collision, Sailor said.

Palitz had pulled into the Villa Nova parking lot and was in the process of handing his vehicle over to a valet when a police officer approached him, Sailor said.

“Officers said his attitude was evasive and interrupting and antagonistic at times,” Sailor said.

Palitz urinated on himself while a police officer conducted a field sobriety test, Sailor said. After his arrest, Palitz submitted to a blood test, which revealed his blood-alcohol level was .18 — more than twice the legal limit, Sailor said.

Palitz also alleges in his claim that the police officer destroyed and or muted video and audio recordings of the incident and did not follow proper police procedures.

Sailor confirmed the incident was recorded, but added it was possible the officer’s microphone wasn’t working during the arrest.

Palitz pleaded not guilty to two misdemeanor counts of driving under the influence related to his January arrest in Newport Beach, but a jury found him guilty, court records show.

He also pleaded no contest to two misdemeanor counts of driving under the influence in a separate incident in 2007, court records show.