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# Second cop files claim against SMPD
- URL: https://www.smdp.com/second-cop-files-claim-against-smpd/
- Published: 2008-04-26T15:00:00.000Z
- Updated: 2026-10-24T19:25:12.000Z
- Author: Kevin Herrera
- Tags: Crime, Santa Monica, #archive-import

*Officer seeking $5M in damages*

CITY HALL A former member of the Santa Monica Police Department’s SWAT team has filed a $5 million claim for damages against City Hall, the department and police Chief Timothy Jackman, claiming he was the target of a vindictive campaign to tarnish his reputation because of his friendship with a high-ranking officer on suspension.

Officer Dean Oshiro, a 14-year SMPD veteran, filed the claim earlier this week with the City Clerk’s office.

It is the second such complaint to be filed this month alleging misconduct by Jackman and the department. Capt. Mark Smiley,a 25-year SMPD veteran and commanding officer of the Office of Special Enforcement, filed a $10 million claim for damages claiming Jackman, SMPD Deputy Chief Phil Sanchez and City Hall “orchestrated and fabricated … a retaliatory,egregious and vindictive pursuit” against him, preventing Smiley from performing his duties as captain.

Smiley and Oshiro are represented by the same attorneys, Clifford Pearson, Thomas Girardi and Robert Baker.

Girardi is considered one of the nation’s top trial lawyers who has won numerous multi-million dollar verdicts and settlements, handling cases involving wrongful death, commercial litigation, product liability and toxic torts. He represented 650 residents of Hinkley, Calif. in a toxic tort case against Pacific Gas & Electric that resulted in a settlement of $300 million. The case was made famous by the film “Erin Brokovich.”

Baker represented O.J. Simpson during his much-publicized wrongful death civil trial in Santa Monica.

City officials could not comment on the claims because they are personnel matters. City Manager Lamont Ewell said he has full confidence in Jackman and the department.

In the claim, Oshiro said he was removed from SWAT following a bogus charge of insubordination. He also said he was verbally abused in public and reprimanded in the presence of fellow officers, city and non-city employees, threatened with termination or excessive suspension for consuming water during an investigation and for failing to performing volunteer work associated with the Ricardo Crocker Golf Tournament.

Oshiro goes on to say that he was passed over for promotion and denied special assignments because of his friendship with Smiley.

This alleged misconduct by Jackman has caused damage to Oshiro’s reputation, which has interfered with his ability to seek employment elsewhere. He also claims discrimination has caused him emotional distress and believes Jackman targeted him because of personal and professional animosity he holds toward Oshiro.

By law those with a grievance against a government entity must first file a claim for damages.If the claim is rejected,those who file have the option of suing City Hall. The attorneys for Smiley and Oshiro said they will most likely file a lawsuit against City Hall.

Smiley has been on paid leave since November 2007 pending the results of an internal investigation. Police will not disclose why Smiley is being investigated. In his claim, Smiley said he does not know why he was suspended but believes it has something to do with an allegation of misusing city funds and violating city policies and procedures.

Another officer, Steve Salandez, filed a $25,000 claim for damages in February alleging unfair punishment after being demoted for refusing to be placed in charge of buying coffee supplies for detectives.Salandez’claim was denied by City Hall.

*Originally published in the Santa Monica Daily Press print edition on April 26, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/042608.pdf?ref=smdp.com)