A man beaten up in a Main Street nightclub in April in a case that a Park City Police Department official labeled "street justice" filed a lawsuit days later against two people suspected of injuring him in the fight.
Seirgio Hernandez seeks $250,000 from Renato Lacerda and Arthur Lacerda in the case, filed in Third District Court at Silver Summit. The lawsuit claims assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress. It also seeks costs and attorney fees.
The two defendants in the lawsuit have also been charged criminally. Each of them faces a class A misdemeanor count of assault, punishable by one year in jail and a $2,500 fine. They have not entered pleadings in the criminal cases.
"They beat him. They stomped him," Joe Wrona, the attorney representing Hernandez, said.
Wrona said Hernandez suffered a fractured skull and cuts and bruises in the confrontation.
The Police Department said shortly after the April 21 fight it was started after one of the men -- Hernandez -- reportedly grabbed the breasts of a woman. The two then confronted him and a fight ensued, the police have said. Wrona, though, said the defendants tapped Hernandez on the shoulder and then attacked him.
The lawsuit claims the two Lacerdas "initiated the assault," punching him in the face, knocking him down and then punching and kicking him. Hernandez reported the fight to the police, but the two Lacerdas falsely told police officers that Hernandez had engaged in a crime, it claims.
"The police were misled by the Defendants and arrested Mr. Hernandez instead of investigating the assault," the lawsuit says, claiming that the two Lacerdas then fled.
Wrona said Hernandez is "innocent of any misconduct."
Hernandez was also charged criminally. Prosecutors have filed a class A misdemeanor count of sexual battery. He has pleaded not guilty. Wrona is defending him in the criminal case, saying that he is innocent.
Hernandez, who is 29 years old, is from Park City. Renato Lacerda is 27 years old and from Taylorsville. Information about the other Lacerda was not available. It is not known whether the two Lacerdas are related.