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OCEANSIDE: Drunken fall nets man $6K from Oceanside

Judge prohibits man from drinking alcohol in public

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OCEANSIDE -- An intoxicated man who fell and fractured his skull while handcuffed in police custody will pocket $6,000 in a settlement with the city.

The man, Matthew Minehan, had a history of drinking at the beach and passing out in the sand, according to court documents. He sued the city and an arresting officer for negligence in 2007, after suffering an injury following one of his drinking bouts.

Minehan alleged he was "heavily intoxicated" when an officer handcuffed him and leaned him against a police car. When the officer walked to the passenger side, Minehan fell on his face, breaking the bony socket of his eye, the lawsuit alleged.

Minehan would later claim $85,000 in damages. As part of the settlement, he agreed to abide by a court order that bars him from all public places in Oceanside within 12 hours of consuming alcohol or any time when he has alcohol in his system.

Deputy City Attorney Tarquin Preziosi said Thursday it was in "the city's best legal interest to settle this matter for a fraction of the medical bills and to deter this conduct in the future by way of the protective order."

Judge Michael Orfield approved the settlement Thursday.

The city described Minehan in court papers as an "admitted alcoholic" and habitual law breaker who would regularly purchase "a bottle or two of Montebello Long Island Iced Tea (42 proof) at a local Oceanside liquor store, go down to the beach, go into the restroom and consume the bottle, and subsequently pass out in some public place."

On several occasions, he spent a night in Vista jail after Oceanside police found him on the beach, the city alleged in a court filing.

If Minehan violates the court order that was included in the settlement, he would have to forfeit the $6,000 and could face criminal prosecution.

Minehan's attorney, Robert Wallenstein, said his client is involved in an alcohol rehabilitation program and no longer lives in California.

Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.

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