- Associated Press - Monday, March 7, 2016

HONOLULU (AP) - The two men who were assaulted by an on-duty Honolulu police officer at an illegal game room have a filed a federal lawsuit in an attempt to hold the city liable.

Francisco Franson and Jordon Topinio say in their lawsuit filed Sunday that the city is responsible for the 2014 attack because the police department failed to properly train and supervise its officers.

A police department spokeswoman declined to comment on pending litigation. Spokesmen for the city didn’t immediately comment.

Vincent Morre resigned from the force after pleading guilty to violating the men’s civil rights. He’s serving a 2 ½ year sentence at a low-security federal prison in California.

Morre is sued in his individual capacity, along with two officers who witnessed the assault but omitted it from their reports.

According to the lawsuit, Morre was in plain clothes with his HPD badge around his neck when he entered the game room and ordered Topinio to take off his hat. “Mr. Topinio complied and removed his hat, but without provocation, defendant Morre proceeded to kick Mr. Topinio in the face,” the lawsuit said.

Morre then continued searching for a fugitive in the game room and returned to where Topinio and Franson were sitting next to each other. Morre, punched and kicked Franson. He then kicked Topinio again and hurled a stool at his head.

Other officers tried to intimidate the two men after the attack, said their lawyer Myles Breiner.

“I anticipate the city not taking responsibility for all three officers’ conduct,” he said.

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