By Lauren Gold,
PASADENA A group of protesters
that got into a scuffle with police outside a lecture by former Mexican
president Vicente Fox has filed a federal civil-rights lawsuit against the city
and the Police Department.
The complaint alleges that
Pasadena police violated the protesters’ right to free speech and assembly, and
right to be free from unreasonable use of force. The suit further alleges
assault, battery and infliction of emotional distress on protesters by at least
10 police officers during the incident at the Pasadena Civic Auditorium in
November 2012.
Protester Clarence Smith, 36,
of Los Angeles, said he was beaten by the police along with many others around
him. Smith said he is a member of the Los Angeles Community Action Network.
“For me it was very traumatic.
I have dreams of being beat up by Pasadena police,” Smith said. “And for what?
For a peaceful protest? People have to know what these police are doing to the
activist community. ... I don’t want to be in this city. At least in Los
Angeles the police don’t beat you like they do in Pasadena. L.A. is one of the
worst units out there but Pasadena P.D. is unreal.”
Attorney James Segall-Gutierrez
filed the suit on behalf of 16 people, including two minors. The officers are
not specifically named in the lawsuit and Segall-Gutierrez said he is still
working to determine their identities.
Segall-Gutierrez filed the
complaint in federal court Feb. 14 and served the lawsuit on the city Thursday.
City spokesman William Boyer, who filmed part of Thursday’s press conference
with a cellphone, and police spokeswoman Lt. Tracey Ibarra declined to comment
on the case.
At the time of the protest,
police said the group became violent and unruly after one woman burst through a
police blockade. Six of the protesters were convicted of misdemeanor charges
after the incident.
Segall-Gutierrez released a
police body camera video of the incident he said he obtained while he was
briefly representing some of the protesters in the criminal cases filed against
them. None of those who had criminal charges are part of the lawsuit.
The video shows a handful of
protesters standing outside the auditorium and a police officer tells them to
go across the street where the rest of the group is standing. Segall-Gutierrez
said the city obtained a permit for the space in front of the auditorium upon
learning that the group planned to protest the lecture, forcing the protesters
to stand across the street.
As the officer wearing the
camera walks across the street, he yells at the protesters to follow him. Then,
the video shows, a struggle begins. During the 16-minute video, the camera is
often covered by the officer’s hand or cellphone, so the incident is not
clearly visible.
Throughout the video,
protesters can be heard yelling expletives at the officers and asking them for
their business cards. One man yells at the officers for hitting a pregnant
woman. At the end of the video the officer wearing the camera can be heard
talking about which of the protesters “committed battery” on him and needed to
be arrested. The officers joke about how they “didn’t expect to get into a
fight with five” of the protesters.
“These were pacifists holding a
peaceful protest,” Segall-Gutierrez said at a press conference outside Pasadena
City Hall on Thursday. “I would like it if the city would appropriately train
their officers and get rid of the aggression within the Police Department. My
clients should get monetary compensation from the city as well as an apology
from the Police Department.”
Last month, felony charges were
dismissed against four of the protesters who were arrested, and last year two
others also had their charges reduced.
Three protesters agreed to
plead no contest to a misdemeanor charge of disturbing a public meeting, with a
sentence of seven days of community service and two years of probation. The
fourth protester agreed to plead no contest to misdemeanor battery with injury
to a peace officer with 10 days community service and two years probation,
District Attorney’s Office spokesman Ricardo Santiago said.
In exchange, the DA’s Office
dropped the two felony charges of resisting a police officer and battery with
injury on a peace officer for three of the protesters, their attorney Tarek
Shawkey said.
Two other protesters were
originally charged with six misdemeanor counts, but the charges were reduced to
one count each of jaywalking.
In the end Shawkey said he was
pleased that the case was resolved with no felony charges for his clients.
“It was absolutely a victory
for them,” Shawkey said. “The DA and the police chief came around after they
saw all the evidence.”
