Woman takes steps toward lawsuit in CHP sex case

BAKERSFIELD, Calif. (KBAK/KBFX) A civil lawsuit is in the works against former California Highway Patrol officer Jose Davila, who is accused of sexually assaulting a woman last September.

The woman claims she was being investigated by Davila and his partner, Roald Lopez, for a possible DUI. She said the officers followed her home, and Davila sexually assaulted her in her bedroom.

The district attorney decided not to file charges on the case in January due to lack of sufficient evidence.

The woman's attorney, Daniel Rodriguez, said Thursday that they have filed a government claim, which is the first step in filing a civil suit.

The claim will either be accepted or rejected, and, if it is rejected, which is the likelihood, then the civil suit can be filed.

The lawsuit would be against the state of California, the CHP and both officers allegedly involved in the incident, plus a third officer who reportedly helped dispose of incriminating evidence.

Rodriguez said he understands why criminal charges weren't filed and he believes a civil suit is a better option for a case like this one.

"Do we want to allow corruption in our law enforcement? Is it OK for the CHP officer to shake down a motorist that he's pulled over?" Rodriguez said when talking about the possible civil case. "Are there any rules, policies, or procedures that the officers violated?"

The CHP would not comment on the potential lawsuit. Davila also would not comment on the case, because he has not seen any paperwork regarding the claim.