LOS ANGELES -- A lawsuit claims two minors suffered injuries and unlawful detainment after being arrested by San Fernando police.
The minors and their guardians ad litem filed a complaint on June 16 in the U.S. District Court for the Central District of California against the City of San Fernando, Officer Saul Garibay and Does 1-10 for unreasonable search and seizure, excessive force and malicious prosecution, among other things.
According to the complaint, on July 4, 2019, at approximately 10:00 p.m., P.S., R.R., Jonathan Valdivia and Michael Lnu allegedly went to San Fernando Park for Valdivia to walk his dog. Valdivia is R.R.’s older brother, and they were approached by Officer Garibay and asked if they were lighting fireworks.
Valdivia told the officer that no, they were not, the suit says. The group walked away and Officer Garibay followed closely behind them, the suit says.
Shortly after, as the group was walking past the park’s recreation center, Officer Garibay and other officers met the group head-on in their SFPD patrol vehicles after the group walked through the park, the suit says.
Valdivia began video-recording the incident with his cellphone as Officer Garibay told the group to sit on the curb and began to interrogate R.R. and P.S. for being out past curfew, the suit says. P.S. stood up, and Officer Garibay allegedly grabbed him and told an unknown officer to cuff R.R.
The officers allegedly put R.R. in a chokehold and violently attacked him, throwing him onto the ground. Officer Garibay then allegedly directed his attention back to P.S. and forcefully applied pressure to P.S.’s neck and back with his knees as P.S. yelled "That's too hard."
Both minors were detained for more than an hour before being released to their mothers and charged, the suit says, adding that a judge found them not guilty. Both minors allegedly suffered bruises, scratches, headaches, muscle pain, arm and shoulder pain, wrist pain, neck and back pain, facial pain and loss of liberty.
Plaintiffs seek compensatory and punitive damages, special damages and attorneys' fees. Plaintiffs are represented by Lauren K. McRae.
U.S. District Court Central District of California against the City of San Fernando case number 2:21-cv-04918-PA-PVC