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Temecula man who dared deputy to arrest him gets $498,000 for wrongful arrest suit

Riverside County has paid $498,000 to settle a wrongful arrest lawsuit by a Temecula man who dared a sheriff’s deputy to arrest him.

Deputy Robert Glaser, a 14-year-veteran, made the arrest and was ultimately fired, a punishment so severe that it surprised even the victim’s lawyer.

“It’s like a nothing use of force. … I have seen much worse behavior by Riverside County Sheriff’s Department deputy sheriffs,” said attorney Jerry Steering, who represented victim Gregory Whaling. Whaling had undergone surgery on both his knees shortly before his arrest on Sept. 14, 2022.

Warned by Glaser that he could be arrested for interfering as the deputy was questioning a suspect in a dispute, Whaling showed his knees and said, “I bet you won’t.”

In an email, the Sheriff’s Department said the deputy was terminated after an internal investigation sustained several allegations of misconduct, including unnecessary force.

According to the federal lawsuit, Glaser was called to a Temecula apartment complex for an incident involving what the suit called a “homeless” man. Residents were complaining about the man, who told Glaser he was staying there with a friend.

While Glaser was questioning the man, Whaling walked by, using a cane. The man told the deputy that Whaling had been harassing him, prompting Whaling to shout at the man, according to a bodycam recording obtained by the Southern California News Group.

The footage shows Glaser telling Whaling to go to another area where the deputy would talk to him later. Whaling refused.

The following exchange then occurred:

Glaser: “Go over there or you’re going to end up in the back of my car.”

Whaling: “I ain’t getting (expletive).”

Glaser: “You don’t think I will put you in the back of my car?”

Whaling: “I bet you won’t. Not with these (he shows his two knees). I bet you won’t.”

Glaser: “Turn around and put your hands behind your back, you’re impeding my investigation, sir.”

When Whaling began struggling with Glaser, the deputy said, “Put your hands behind your back or you’re going to end up getting Tased.”

Whaling did not get Tased. Glaser took him to the ground and tried to get Whaling’s hands behind his back. Glaser can be seen calling for backup and holding Whaling down until help arrived.

Whaling was arrested and taken to the detention center in Murrieta, where he was held for 11 1/2 hours before he was released. Prosecutors ultimately declined to file charges.

“It’s not a big deal use of force, it’s not,” Steering said. But, he added, the deputy “had no right to do anything” to Whaling.

The lawsuit, alleging unreasonable seizure, unreasonable use of force and false arrest, sought at least $3 million in damages.

Glaser’s attorney, Michael Williamson, said the lawsuit and the administrative case against the fired deputy were based on “the flimsiest of evidence.”

Williamson said Whaling’s race — he is Black — elevated the county’s reaction.

“This was a big nothing,” he said. “The fact is, unfortunately he had a cane, unfortunately he was a Black man … it was not a beatdown. In this case, his mouth caused his problem.”

Williamson added: “Could this have been better? Absolutely … but this is much ado about nothing.”


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