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Accuser who filed claim in SDPD officer case has lengthy criminal rap sheet

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SAN DIEGO (CBS 8) - The first woman to file a claim for damages against the city -- known as Jane Doe #1 in the criminal complaint against San Diego Police Officer Christopher Hays -- has a lengthy criminal history, according to court records.

Jane Doe #1 stands alone as the only woman to file a claim for monetary damages exceeding $10,000, which could lead to a lawsuit against the city.

The accuser is one of four women named in the San Diego District Attorney's complaint against Hays for sexual misconduct.

"Officers have authority, not only do they have authority, they have with their position inherent credibility. People like to believe police officers and that's where he derived his power from," said attorney Brian Watkins.

He is representing Jane Doe #1 in the claim filed Friday against the City of San Diego.

On Tuesday, Hays was charged with two felony counts of false imprisonment and three counts of misdemeanor sexual battery involving four women.

Three other women have come forward with allegations ranging from inappropriate touching in routine pat downs, sexual advances and soliciting oral sex. One woman doesn't allege sexual misconduct. Hays has not been charged involving those allegations. District Attorney Bonnie Dumanis says additional charges could be filed.

CBS News 8 learned Jane doe #1 has a lengthy criminal history.

"He's not targeting other lawyers, professionals or police officers. He's targeting people that are going to be scared of the police, people who he has authority over," said attorney Watkins.

CBS News 8 is not identifying Jane Doe #1 because she is an alleged sex crime victim and is not accused of wrongdoing in this case against Hays. Her mug shot was obtained from an arrest made in another county.

In the claim, the alleged victim says in October 2013 Hays took her home. While she rode in the backseat of his patrol car she was not handcuffed. When she walked to her house he asked to frisk her. The woman alleges Hays groped her inappropriately.

Court records show Jane Doe #1 is currently on probation and has a criminal history going back more than a decade. She has had more than a dozen arrests including battery of an officer, resisting arrest, possession of drugs, petty theft, burglary, failure to appear in court and prostitution.

Her attorney says Hays used his badge to target vulnerable women along his beat in the Mid-City area and Hays had previously arrested her on a warrant.

Hays told his defense attorney he recognized her photo when investigators showed him pictures of the four accusers.

"He was targeting women that would be scared to come forward with this information. Women that he clearly had power and authority over," said Watkins.

However, Hays' attorney. Kerry Armstrong contends Jane Doe #1 and another alleged victims are not credible.

"I think it's either a fabrication or a mistake, that they were just mistaken about the way they were frisked," said Armstrong.

If the city denies the claim for damages filed by Jane Doe #1 she can go ahead and file a lawsuit.

Hays' preliminary hearing for the criminal case is scheduled for April 22.

The police chief put Hays on administrative leave with pay when one of the alleged victims came forward in Dec. 2013. On Feb. 9, he was arrested, then posted $130,000 bail and was released.  He is now on unpaid leave.

His attorney said Hays plans to resign on Wednesday, not because he believes he did something wrong, but because the department is not supporting him.

"He thinks his career in law enforcement is over because of these allegations," said Armstrong.

A spokesperson for the San Diego City Employees Retirement System said since Hays only served 3.8 years as a SDPD employee so he is not a vested member and not eligible for benefits or a pension. Employees must have 10 years of service to receive pension, the spokesperson said.

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