Team Infidel
Forum Spin Doctor
BERNIE WILSON
Associated Press
SAN DIEGO - Chargers linebacker Steve Foley has sued the city of Coronado and the off-duty police officer who shot him three times outside his home, accusing the rookie officer of negligence and excessive force.
The civil suit seeks unspecified damages from Officer Aaron Mansker and the city, a peninsular enclave across the bay from downtown San Diego.
Foley was shot early Sept. 3 near his home in suburban Poway by Mansker, a 23-year-old Coronado police officer who was off-duty at the time and suspected the linebacker of drunken driving.
Mansker told investigators that he shot Foley after the player reached for his waistband. Investigators said Foley was unarmed.
Foley missed the season and wasn't paid his $775,000 salary. So far, the team has not attempted to recoup an $875,000 roster bonus he had already been paid.
Foley's attorney, Jordan Cohen, said the damages sought would offset Foley's lost earnings. He said it was unclear whether Foley would ever play again.
"Right now we know he can't," Cohen said. "It's doubtful he'll play next season."
Foley was shot in the left leg, hip and hand. He underwent several surgeries and has been undergoing rehabilitation.
"If he's not 100 percent, will a team take a risk on him?" Cohen said.
Foley was flying to Miami on Wednesday to visit friends during Super Bowl week and wasn't immediately available for comment. The suit was filed Friday in San Diego Superior Court.
Leslie Suelter, Coronado's director of administrative services, said city officials had not been served with the lawsuit and could not comment. The complaint did not list an attorney for Mansker, and there was no phone listing for him in the San Diego area.
Foley had 10 sacks in 2004, his first season with the Chargers. With two years remaining on his original deal, he was rewarded with a three-year contract extension through 2009 worth roughly $10 million.
His contract includes base salaries $1 million, $1.125 million and $1.5 million in the next three seasons. He would forfeit his salary in any season that he cannot play. Additionally, the deal calls for approximately $4 million in roster bonuses during the next three years.
"The Chargers and I haven't discussed anything," said Foley's agent, David Levine. "We've agreed to wait and see how Steve recuperates. That goes with this year's roster bonus and anything in the future."
Levine said he had expected Foley to play for a long time, until the shooting.
"Steve had never had any injuries of any sort to the lower extremities before this incident," Levine said. "It's usually knee injuries and lower extremity injuries that cut a career short. He was healthy prior to the shooting."
In 2005, Foley was slowed by an abdominal injury and his production fell off to 4 1/2 sacks.