REGION: OPD officer sues Carlsbad after arrest

Lt. Shawn Murray alleges federal civil rights violation

By TERI FIGUEROA - Staff Writer | Monday, December 1, 2008 6:17 PM PST

A veteran Oceanside police lieutenant who last summer was accused of choking an ex-girlfriend is suing Carlsbad police for supplying the media "untrue details" about the incident and searching his home without a warrant.

Lt. Shawn Murray is suing the city of Carlsbad and Carlsbad Police Lt. Marc Reno for violating his civil rights and causing mental suffering, embarrassment, damage to his career and reputation and possible loss of future earnings, according to a complaint filed Nov. 18 in San Diego federal court.

The 18-year veteran of the Oceanside Police Department was arrested, but not criminally charged in the incident involving his ex-girlfriend, Shande Carpenter.

Carpenter is a former Carlsbad police officer. Murray's suit states that she had worked on the force with four of the six officers who responded to her 911 call to report alleged domestic violence.

Carlsbad Deputy City Attorney Paul Edmundson said the city has not yet been served with the suit, and declined comment. Reno could not be reached for comment.

In his suit, Murray accused Reno of telling the media that Murray choked and battered Carpenter after she showed up at his home in Carlsbad. His suit argues that the "irresponsible disclosure of untrue and inaccurate information" has "severely affected" his career and became a "stain" on his "unblemished record."

"The biggest problem is that this ruins his career," Murray's attorney Laurence Haines said Monday. "In a public forum, his reputation can never be fixed. However, it can be shown that he did nothing wrong."

Through Haines, Murray declined to comment.

There is no specific money claim in the suit, and Haines declined to suggest what amount Murray might be seeking. "More important than the money is the acknowledgement by a jury that (Murray) did nothing wrong," Haines said.

Murray's claim states that Carpenter stalked him, and showed up at his home to demand items she had given him. He let her in, but she refused to leave, confronted him about a new girlfriend and threatened suicide, according to Murray's suit.

Murray said that after he escorted Carpenter out, she broke into his truck and then forced her way back into his home.

During the ensuing confrontation, Carpenter called 911 to report domestic violence, according to Murray's suit.

Murray asserted in his lawsuit that Carlsbad police officers ignored his side of the story, and searched his home and truck without a warrant or his consent.

Carpenter could not immediately be reached to give her side of the story.

A few weeks after the incident, prosecutors rejected the case and Murray was not criminally charged. Murray was initially suspended from work, but has since been reinstated to full duties.

Murray made news in an unrelated case nearly a year ago, when he filed a claim with the city accusing the mayor and police chief of illegally denying him a promotion and trying to run him out of the department. He was seeking a promotion to captain, back pay, benefits and other monetary damages.

On Monday, Oceanside city attorney John Mullen said the arbitration process has concluded, but he said that he could not discuss it because it is a personnel matter. Murray's attorney in that case, Donovan Jacobs, said he would not comment.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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Pre-Registration Comments[-]Go to Top

Leo wrote on Dec 1, 2008 9:29 PM:Well welcome to the real world of the cops not listening and not believing what you are telling them.
How many of us have lost wages and had to take days off of work to take care of a police related problems, because they "ignored your side of the story."
Get over it and take your lumps, too many sue happy people in this day and age.

jvc wrote on Dec 1, 2008 9:49 PM:Let the Carlsbad police and city say that they are sorry...case closed!

Jeff wrote on Dec 1, 2008 10:05 PM:It will be interesting to see how this plays out, it appears that Carlsbad PD really blew it!

john wrote on Dec 2, 2008 5:34 AM:Theres something truly believable about Officer Murry's story here. Its interesting to see how each department protects its own.Right or wrong. I hope the man gets justice. This type of tale happens way too often.

Oh No wrote on Dec 2, 2008 6:58 AM:Everyone be careful what you write. The lieutenant might sue you.

Training tool wrote on Dec 2, 2008 8:56 AM:Every police department needs to use all of this case as a training tool for new recruits. Of course the class should be taught by an average citizen or the PD will put a twisted spin on it, like how to keep your dirty laundry in the house. What needs to be taught to all recruits is: "there but for the grace of God go I". Anytime you (a police officer) approaches a citizen, remember what it would be like if you were the perp. DO NOT bring your prejudices, bigotry or personal experience into the facts. If you can not do this, do not become a police officer. It has been studied that over 80% of police officer can not leave their ideas and thoughts out of citizen contact. That is why you must always remmeber that the 'uniform does not make the man' when dealing with police. Always remember (as they do) to detach yourself from the action and think!!!

Concerned wrote on Dec 2, 2008 9:02 AM:Don't open the door for an angry woman. Call 911 and grab the video camera.

To Training Tool wrote on Dec 2, 2008 10:19 AM:What study? 80%? Doubt it... If you can, please list/provide a link to this study you are talking about. I'd love to see it. As a police officer I just don't believe it. But hey, if you got a study, pretend I'm from Missouri and 'show me!'

Hmm wrote on Dec 2, 2008 11:18 AM:Sounds like he is sue happy. He know as well as any cop that the domestic vilence laws in California are mandatory. If there is allegations of abuse then the police have to make an arrest. Seem slike he missed DV class 101 in his academy.

Peter wrote on Dec 2, 2008 11:56 AM:Murray should quit wasting the court’s time. Living within the jurisdiction where your ex-girlfriend was a police officer, she shows up uninvited at your residence; the last thing to do would be to let her into your residence. He should have called Carlsbad PD dispatch and waited in his vehicle until they arrived. Instead he tried to handle it himself, things got out of control, and now he wants to sue the officers that responded, what a joke?

Dude wrote on Dec 2, 2008 1:14 PM:This looks very Bad, for BOTH departments. In the long run, it's you and me that will end up paying for this.

johnqpublic wrote on Dec 2, 2008 1:45 PM:It seems that Lt. Murray feels he's above the law when it comes to domestic violence. Law requires that a search for weapons is made. If his reputation is so stellar, why would you need two attorneys? Just because the victim or witness refuse to talk after the arrest, does not mean a crime was not committed. Get over yourself Lt. Murray

Judge Judy wrote on Dec 2, 2008 2:10 PM:Unbelievable! Apparently Mr. Murray thinks he is above the law because he is a police officer. After 18 years on the job, you'd think he would know a thing or two about domestic violence laws and be smart enough not to put himself in a situation where a potential physical confrontation with an ex-girlfriend would occur. I'm sure Mr. Murray has investigated a few domestic violence cases over his long unblemished career. How could someone in his position as a police lieutenant be so careless with his career? The CPD did exactly what they are supposed to do under state law; Make an arrest. And Lt. Reno did what he is allowed to do under the law and that is provide information to the media about a criminal arrest made by his department. Mr. Murray was off-duty when this happened. It wasn't department related. Therefore his confidentiality rights as a policeman were out the window. He is subject to the same rules and laws as the average citizen. So get over it Mr. Murray because your making the OPD look like sh**!

Former OPD Retired wrote on Dec 2, 2008 2:17 PM:Ruins his career (Murray)? you have got to be kidding me. It's a well known fact that he had no career to start with and he was either the subject of multiple lawsuits or was filing multiple lawsuits when he didn't get his way. To the City of Carlsbad, FIGHT HIM tooth and nail.

Jeremy wrote on Dec 2, 2008 3:07 PM:Police officers make mistakes but how come they searched the vehicle and his house without consent or a warrant? So much for the 4th amendment. It's about time someone holds them accountable. Go Lt. Murray!

Different Story wrote on Dec 2, 2008 3:26 PM:Here, so many are saying that their experiences with the police leave them feeling just a bit uneasy, and so untrusting. But on the story dealing with all the DUI's, most posts are saying the police NEVER do anything wrong and so we all have NOTHING to worry about when being pulled over, even after having a beer like 6 hours before and driving completely sober.

The bottom line is there are two types of people out there. Those that have experienced the police acting like bullies. And those that have yet to experience the police acting like bullies.

Certainly not all cops are like this. Many do a good job, are polite, treat people with respect, etc, but many just enjoy the power they have over the rest of us. And any cop that says otherwise is just covering someone else's butt.

And one wonders why we have to worry about checkpoints when one hasn't done anything wrong? The answer is that how you are treated just depends on who it is that stops you. You don't HAVE to do anything wrong if they feel like exerting a little "influence".

Snoop wrote on Dec 2, 2008 3:31 PM:The first one that gets to a phone, the other one's goin to jail!

To Training Tool wrote on Dec 2, 2008 3:34 PM:I have been a cop for over 25 years, never heard of such a study, just because you say it, doesn't make it so. Don't beleive it one bit. You have basically said the police are bigots, have prejudices and bring bad personal experiences to the job. Even without a study I beleive police officers bring over 80% of " their ideas and thoughts into a citizen contact. Their ideas and thoughts are positive and not bigotted or prejudice and are for the good of the people, we are a finder of facts and if those facts determine that someone is guilty of a crime, so be it. The results of the majority of contacts are usually determined by the way the subjects we talk to act towards us. I can't tell you how many times I have approached someone and said "Hows it going" and their reply is " What did I do wrong or why are you harrassing me". This happens all the time, even when I have approached them to talk to them about something that has nothing to do them, usually about if they were a witness to a crime.It is usually the anti police subjects that have problems with just being talked to, most people don't have a problem talking with the police because they have nothing to hide.

Dodged the bullet wrote on Dec 2, 2008 4:50 PM:So true Snoop...however I got out of being arrested one time because I slang the cop lingo and was already down the street when they caught up with me.

Turns out that the psycho I was seeing (I found out that night about the pscyho part) practically had these guys on speed dial.

That is the last time I ever went near that neighborhood until after I heard that she moved. I missed out on great pizza for three years.

Just like us wrote on Dec 2, 2008 5:16 PM:The hardest thing for a police officer to do is get rid of his ego. He can hide it with the training and never ending thought that he is different to those around him. In dealing with an officer (in or out of uniform) watch and listen to him. He has been trained to analyze and judge every move and word you make. His ego is always turned on. This might explain the high divorce rate and inablility to have a normal relationship with his loved ones. Always remember when you are around an officer, they are judging you.

Wanting his way ... wrote on Dec 2, 2008 6:16 PM:What a sore loser and winer this cop is. He doesn't get a promotion to captain and sues his department. How many of us have faced rejection or set-backs in our careers, yet kept shouldering on and took it in stride. However, this cop is a sore loser and sues! Then he is arrested -- AND NOT CHARGED -- and sues over that, too. Once again, he doesn't get his way and pulls the same trick by suing the Carlsbad PD. This cop needs to some training in how to take life's lumps like an adult.

No cop fan wrote on Dec 2, 2008 7:12 PM:Even though I tend to think Cops are one-sided (as apparently Carlsbad PD were here) Murray is allowed his Constitutional Rights - regardless of his occupation, alledged crime, or relationships. If Carlsbad PD did what is claimed - certainly he should be compensated. I hope this goes to trial, Cop on Cop violence will make a great story.

unblemished wrote on Dec 2, 2008 7:40 PM:Lt. Murray has an "unblemished record", that's pretty funny!! Wonder why he has to sue his own department because he continues to get passed over for promotions! He has to fight to try to get promototed for a reason! It took a lot of courage for THIS woman to finally come forward and tell about the abuse. The only person that "ruined" Lt. Murray's career is HIMSELF, he is lucky he is not in jail where anyone of us would have been!

To To Training Tool wrote on Dec 2, 2008 7:42 PM:Riiggghht. It's always how THEY react to YOU. Never how YOU approach THEM. Maybe they just don't feel like talking to the police? Don't have a right to not talk to you if they don't want to, right? Does that automatically make them guilty of a crime? Or does that automatically give a policeman the right to treat them like criminals?

If this was actually true, we wouldn't need a Bill of Rights, because the benevolent police force and the benevolent government would never be corrupt and never do anything to anyone that they didn't deserve or that they woudln't be guilty of. In fact, why not just get rid of the court, since the police just "know" that someone is guilty. Maybe we should just go back to the "guilty until proven innocent" way things are done in Mexico or in most of Europe.

This has nothing to do with having anything to hide. It has more to do with being skeptical about talking to someone that can make your life miserable just because you look at them wrong, or are having a bad day. And anyone that doesn't think this happens is just not paying attention.

Oh Please wrote on Dec 2, 2008 8:02 PM:Check this guy's history. Everyone needs to wake up. Do you really think he is the victim in all of this? If you do, I have some ocean front property in the swamps of Florida to sell you. Just because there wasn't enough evidence for the DA's office to prosecute, THIS TIME, doesn't mean he's innocent. Go to the courthouse, check his history.

Come on wrote on Dec 2, 2008 8:08 PM:I feel that Carlsbad Police should treat this like any other case they have and shove it under the rug. Even retired OPD officers dont like this guy and if it was me versus him in the situation I probably would have went to jail for Domestic Violence. He still was treated rather well.. I say the man should stop crying about a problem he helped to create. He shouldnt have took the lie detector test and became a officer of the LAW!

Grump wrote on Dec 3, 2008 4:06 AM:Oh Please, I don't have time to go to the courthouse, please enlighten us, thanks.

Training Tool wrote on Dec 3, 2008 5:53 AM:What happend to you, did you get a ticket or taxed extra by the Government or were the 60's good to you? Lighten up, your rambling, peace.

Roberto1 wrote on Dec 3, 2008 6:02 AM:Civil rights...like I always say its a thing of the past. Civil rights only apply to the rich and famous sometimes

Sleeping but Awake wrote on Dec 3, 2008 6:12 AM:Bingo - here is the smoking gun and why most police are not welcome in their contacts.

The police believe this to be true - most people don't have a problem talking with the police because they have nothing to hide.

Well, very interesting. This thinking implies that a cop has the right to speak with a citizen regardless of whether this is welcome or desired. Some of us do not want to chat with cops and, here is the point, have nothing to hide. We value our privacy and the right to go about our businhess without police interference. Police need to go chase bad guys and solve crimes. They do not need to walk over to people and assume they are hiding something or are guilty of something if they do not want to speak to the police. Police should leave folks alone untill requested to act by an individual or investigating a possible crime.

Training Tool wrote on Dec 3, 2008 7:23 AM:First: NOT ALL USING THIS ARE THE SAME PERSON...
Second: On duty officers (not just recruits) need to use this and the comments as a training tool. For you that are police officers, read ALL the comments and try to understand that most of the public know you are human. They know you can not leave behind your prejudices and past experience. They know you are not perfect and that you have bad days. They know that no matter how you approach them, even harmlessly, you are still in cop mode. They know that when you come home you are still judging the people around you. Face it, you are a cop.
And last: do I sound like your son? A divorced spouse? A father? A neighbor? Face it, we know you.

To sleeping but awake wrote on Dec 3, 2008 8:34 AM:You obviously know nothing about HOW to catch "bad guys" as sometimes you simply start by talking to them...sometimes its called a "consentual encounter" and is perfectly legal.

Come on Shawn wrote on Dec 3, 2008 8:57 AM:Just check his history on the San Diego Courts website.

I believe he wasn't charged out of "courtesy" but turning around and trying to sue Carlsbad. Come on Shawn.

This OPD member supports Carlsbad on this one!!

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