FAIRFIELD — A Dixon resident says the lawsuit he filed in federal court for damages from Vacaville after an incident at Blondies Bar & Grill is the right place for the legal action – while the city attorney calls the filing without merit and faces the same fate as a Solano County Superior Court suit.
“It’s not finished yet, but it may as well be,” Jerry Hobrecht, city attorney for Vacaville, said of Jason Mallory’s Superior Court case.
The federal filing is essentially the same case, Hobrecht said.
Mallory, who is representing himself, described the cases as “a pursuit of justice.”
“I have not lost the case,” he said. “I filed it in the wrong court.”
Mallory said he’d like to see what happened to him happen to the city attorney and have him contend the case is without merit.
The Dixon man said in the case filed earlier this month in federal court that he was sober and dancing May 19, 2013, at Blondies when he was attacked without provocation. Other people at the club punched and kicked him, Mallory stated.
He used pepper spray to defend himself and left toward his vehicle to go home, according to the filing.
His attackers chased him around the street, Mallory called 911 and when police arrived, he was asked to sit in a squad car for protection, the filing states.
Police said “We need to know how self-‘defensy’ it was,” and Mallory was arrested at the police station, said the filing. He spent three nights waiting in jail to speak to a judge about the case that was later dismissed for lack of evidence, according to the filing.
Mallory stated he’s been denied destruction of the records.
“This is a lifelong punishment against Mr. Mallory without his committing a crime,” the filing reads, in part.
Reach Ryan McCarthy at 427-6935 or [email protected]