Monterey Herald

Demonstrat­ors sue, accuse San Jose police of excessive force

- By Olga R. Rodriguez

SAN FRANCISCO >> Two Northern California civil rights organizati­ons and demonstrat­ors, including a man who lost his right eye, filed a lawsuit Thursday against the city of San Jose, saying police officers used excessive force against protesters who took to the streets last year following George Floyd’s killing in Minneapoli­s.

The lawsuit filed by NAACP San Jose/Silicon Valley and the San Jose Peace and Justice Center as a class action seeks for everyone who was injured or wrongfully arrested to be compensate­d and for reforms in the way San Jose police are trained and directed to police protests, said Rachel Lederman, an attorney with Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, which is representi­ng the plaintiffs.

Michael Acosta, 49, said he was returning to his downtown San Jose home from running errands on May 29 when he saw the demonstrat­ion and began taking photos and video of what was happening. Within minutes, he was struck on the eye with a projectile.

“I could hear the sounds and people running and shouting and explosions still going on around me and it was honestly terrifying.

I felt helpless and afraid,” Acosta said at a videoconfe­rence.

Rachel Davis, a city spokespers­on, declined to comment on pending litigation.

At least 28 people were injured as police tried to break up the crowd of about 1,000 using tear gas, flashbang grenades, rubber bullets and batons — a heavy handedness not seen in other protests in the San Francisco Bay Area that drew criticism against the police department and thenPolice Chief Eddie Garcia.

Seven of those injured filed a separate federal lawsuit in July. Derrick Sanderlin, a community activist and one-time police bias trainer who was trying to deescalate the situation, was hit with a rubber bullet in the groin, the Mercury News reported. The lawsuit alleges Officer Jared Yuen, whose behavior was caught on videos that were widely viewed online, was the one who injured Sanderlin.

The crowd gathered in downtown San Jose and temporaril­y shut down a five-lane section of U.S. 101, a major highway, before police started dispersing them.

Garcia said officers had been targeted by coordinate­d, violent attacks from agitators who hid inside crowds of peaceful protesters and then turned the streets of downtown San Jose into a “war zone.” An officer was taken to a hospital with injuries that were not life-threatenin­g.

Garcia apologized for Yuen’s behavior, calling it unprofessi­onal and saying it wouldn’t be tolerated. The officer was taken off street patrol duty.

Rev. Jeff Moore, president of the local NAACP, said he was caught in the middle of the clash between police and demonstrat­ors as he tried to ease tensions and was pushed around and gassed by officers.

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