A Fresno man is suing the city and police, saying he was wrongly arrested on allegedly trumped up gun charges and suffered other violations of his rights, allegedly in retaliation for refusing to allow police officers to enter and search his bicycle repair shop without a warrant.
The incident allegedly occurred Oct. 15, 2021, in the 900 block of N. Fulton Street in Fresno, according to the lawsuit filed in Fresno federal court.
Luis Rodriguez "was assisting one of his customers and was engaged in the lawful exercise of his chosen trade," the lawsuit states. "Rodriguez works in a building that houses several distinct businesses, which are wholly unrelated, have separate locked compartments, and are owned by separate people, all of whom rent space for their business activities.".
Local police officers and federal officers from the Bureau of Alcohol, Tobacco and Firearms allegedly demanded entry into the business, but Rodriguez refused because they did not have a search warrant, the suit says.
"Rodriguez was grabbed by the officers upon their unlawful entry, slammed to the ground, struck, and stepped on," the suit states. "Then, after the officers illegally search the premises, including portions not under Rodriguez’s possession or control, they arrested him for allegedly being in possession of firearms allegedly found in other parts of the building occupied by other businesses and also for child endangerment, although Rodriguez never had a child present on the premises, much less one who was being endangered."
More than a year later, in November 2022, all charges were dismissed for lack of evidence, according to the suit.
Rodriguez seeks unspecified monetary damages, plus legal fees.
He is represented by attorney Kevin G. Little, of Fresno.
Rodriguez v. Medeles et al, U.S. District Court for the Eastern District of California, 1:23-cv-01471.