The Minuteman Protection Program: USJF files suit on behalf of client

February 6, 2008 @

Posted by: Admin on Wednesday, February 06, 2008 – 06:45 AM PST

USJF represents woman who alleges was denied constitutional rights to protest against Mexican goverment. She alleges she was mistreated and falsely arrested by the San Diego Police Department.

GARY G. KREEP (SBN 066482)
ALLISON ARANDA (SBN 215021)
UNITED STATES JUSTICE FOUNDATION
932 “D” Street, Suite 2
Ramona, California 92065
Tel: (760) 788-6624
Fax: (760) 788-6414

Attorney for Plaintiff
FRANCISCA GALVAN

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
CENTRAL DIVISION

FRANCISCA GALVAN,
Plaintiff,

v.

SAN DIEGO CITY POLICE DEPARTMENT,
CITY OF SAN DIEGO,
SDPD OFFICER D. EMERSON,
in his Individual and Official Capacity,
and DOES 1-50,

Defendants.

COMPLAINT FOR DAMAGES

1. False Arrest/Imprisonment
2. Battery
3. Battery
4. Assault
5. California Civil Code § 52.1(b)
6. California Civil Code § 51.7(a)

Plaintiff alleges:
INTRODUCTION

1. This action results from the exercise by the Plaintiff, FRANCISCA GALVAN (hereafter referred to as “GALVAN”) of her First Amendment Rights to publicly protest against the actions of the Government of Mexico and the resulting illegal immigration into the United States of America. GALVAN attempted to attend a rally being held by supporters of illegal immigration in the United States on federally owned land in the City of San Diego. GALVAN was, without having violated any law, and while obeying all directions of the San Diego City Police Department officers on hand, arrested and berated by Defendants for her opposition to illegal immigration. Upon review of the evidence in the matter, the San Diego County District Attorney’s Office refused to initiate prosecution against GALVAN. GALVAN submitted a claim to the City of San Diego and to the San Diego City Police Department, both of which were rejected.

JURISDICTION
2. This action arises under California Civil Code § 51, the California Constitution Article I §§ 2 & 3, and California Civil Code §§ 52.1(b) and 51.7(a).

VENUE
3. Venue is proper in this court because the false imprisonment originated in the City of San Diego, California, and Plaintiff, and all of the individual Defendants herein, are residents of the County of San Diego.

PARTIES
4. Plaintiff, GALVAN , is a United States citizen and a law-abiding resident of San Diego County, California.

5. Defendant San Diego City Police Department (hereinafter referred to as “SDPD”) is, and at all times mentioned herein was, a Police Agency of the City of San Diego, duly organized and existing under the laws of the State of California.

6. Defendant City of San Diego (hereinafter referred to as “SD”) is, and at all times mentioned herein was, a municipal corporation, duly organized and existing under the laws of the State of California and situated in the County of San Diego.

7. At all times mentioned herein, Defendant SDPD OFFICER D. EMERSON (hereinafter referred to as “EMERSON”) was a sworn peace officer employed by SDPD and SD. In addition, EMERSON is being sued in his personal capacity.

8. GALVAN is ignorant of the true names and capacities of Defendants sued herein as Does 1 through 50 and, therefore, sue these Defendants by such fictitious names. GALVAN will seek leave to amend this complaint to allege the true names and capacities of such fictitiously named Defendants when the same have been ascertained. GALVAN is informed and believes and thereon alleges that each of said fictitiously named Defendants is responsible in some manner for the occurrences herein alleged.

GENERAL ALLEGATIONS

9. On February 2, 2007, GALVAN attempted to attend a rally organized by Enrique Morones, leader of a group called “Border Angels.” Mr. Morones had invited the general public to attend the rally on his radio program. Ms. Galvan and two friends, Wilma Spahn (hereafter referred to as “WILMA”) and Christy Czajkowski (hereafter referred to as “CHRISTY”), arrived at the rally being held in an open area near 100 Virginia Street in San Diego at approximately noon. GALVAN, a naturalized American citizen, was there to protest the corrupt government of Mexico, which forces its people to illegally enter the United States in order to obtain a better life and to send money to their families in Mexico, and to verify that Mexican government officials were there to promote illegal immigration into the United States.

10. As GALVAN walked towards the rally on Virginia Street, a SDPD Officer approached her and her friends, and a couple of supporters of the “Border Angels,” and told them that they were not allowed to attend the rally. The Officer instructed GALVAN, her two friends, and the “Border Angels” supporters that they would be allowed to stand in a “designated free speech area” to express their views, but that they were not permitted to attend the rally that was being held on public property. The Officer proceeded to show GALVAN and the others exactly where they were allowed to stand – in a cordoned-off area. The street was divided. The Captain placed GALVAN and her friends in an area that had a cordon. He stated “This is your area, where you can have your freedom of speech. You can say whatever you want to, but you cannot leave this area. You are not welcome to join Enrique Morones’ rally.” Enrique Morones’ people were in the designated area almost immediately and harassed GALVAN and the others with her. They complained to the police officers but the officers did not heed their request to tell Enrique Morones’s people to return to their own area. The Enrique Morones’ Marcha Migrante 2, with a Mexican official and the Mexican flag, marched toward the international border fence, about 300 feet away.

11. GALVAN and the individuals with her objected to this disparate treatment by members of SDPD. GALVAN’s friends questioned the authority of SDPD to prevent them from walking on public property. The SDPD Officers there refused to give any explanation for the restriction. A female SDPD Officer told Christy that “the Captain” told her that the group was not allowed to join the rally. Christy asked the female SDPD Officer, “Where are the signs that make us aware that we are trespassing?” The SDPD Officer pointed at a “Do Not Park” sign. EMERSON kept repeating the phrase, “You are not going over there!”

12. GALVAN and the others there complied with the Officers’ directions and stood in the designated area, but continued to ask what law they would be violating if they tried to join the rally. EMERSON told GALVAN and the others that they would be arrested for failure to comply if they crossed the designated barrier. The group persisted in asking what law they would be violating, but the SDPD Officers would provide no answer.

13. At that point, two different SDPD Officers approached the cordoned-off area from the other side of the fence in order to speak with GALVAN and the others. These Officers told GALVAN and the others that Mr. Morones “did not want them at the rally” and, therefore, they were prohibited from walking on public property. Christy and Wilma persisted in asking why they were not allowed to join the rally. Again, the only explanation was that “Mr. Morones did not invite you personally and only “Mexicans” can attend, so you are not allowed to be there.” These two officers threatened to “take [GALVAN and the others] into custody” if they “left the protest zone” and then the officers turned and walked away.

14. Then, EMERSON pushed Christy and told her to “get over there or you will be hooked up!” GALVAN took a photograph of the Officer’s actions. EMERSON looked at GALVAN with a furious look when her camera flashed in his face. Throughout this entire encounter with SDPD, GALVAN was in the “designated area” where the SDPD Officers told her to stand. She never left the so-called “protest area”.

15. One of the SDPD officers was called the “ Captain.” He called to GALVAN and her friends, saying, “Come over here, I want to talk to you”, but he also told them to stay within the designated area, which they did. The captain told GALVAN and her friends that the area where the rally was taking place was “federal land”. The “Captain” told the group that he had personally spoken with federal government officials and that he had been authorized to be their agent, and that he alone had the power to say who was allowed on the land. This SDPD Officer said that he chose not to allow them on the “federal land”. GALVAN attempted to question this SDPD Officer about who gave him permission to exclude them from the land, but the Officer refused to answer any questions. The police officers positioned themselves so that GALVAN and the others could not walk towards the rally. At this time, EMERSON was 300-500 feet away from them, and the street was almost empty.

16. GALVAN continued to speak her mind about how SDPD was treating this group of United States Citizens. She commented about the improper relationship between the United States federal government and the Mexican government, and about the illegal Mexican citizens inside the United States having more liberty and rights than Americans. She said SDPD was helping illegal aliens invade the United States. EMERSON and a female SDPD Officer became obviously incensed by GALVAN’s comments. GALVAN saw them glare at her, obviously in disgust.

17. Christy and Wilma continued to question the SDPD Officers about what law they were violating by walking on government property that was open to the public. Christy stated, “Since when is it trespassing to walk on government property.” GALVAN was standing behind Christy and Wilma in the “protest zone” and could see EMERSON on the other side of the “cones” in front of her. Suddenly, GALVAN felt someone touching her right arm from behind. She tried to move, but could not. GALVAN turned around and saw a female police officer trying to grab her arm. GALVAN was confused and had no idea what was going on because she was standing in the place where the officers told her to be. She began screaming, “Do not touch me.” EMERSON ran towards GALVAN, who was still inside the “designated area” that was cordoned off by SDPD. GALVAN felt EMERSON grab her right arm and twist it behind her back very tight. She felt someone grab her left arm too. Then the two SDPD Officers handcuffed her so tightly that the cuffs left indentations in GALVAN’s wrists.

18. GALVAN asked what she did wrong. She asked why she was being arrested. No SDPD Officer told her what law she had violated. No SDPD Officer told her why she was handcuffed. No SDPD Officer told her why she was arrested, while her two Anglo friends, standing in front of her, arguing with SDPD officers, were left unharmed by SDPD. EMERSON turned GALVAN toward the female SDPD Officer and pushed her toward a SDPD car. The female SDPD Officer grabbed GALVAN’s arm very tightly and pushed her forward. GALVAN told the female officer that she did not have to push because GALVAN was walking. The SDPD Officers kept pushing and yelled, “Walk!”

19. The “Captain” took GALVAN from the female SDPD Officer and asked her to get inside an SDPD car. The female SDPD Officer grabbed GALVAN’s tape recorder from her hand and unbuckled her purse from her waist. GALVAN pleaded with the male SDPD Officer to give her personal belongings to her friends, as she did not want SDPD to erase the audio tape recording that she had made. GALVAN got into the SDPD car with her hands still tightly handcuffed behind her back and sat in the patrol car.

20. Some time later, two SDPD Officers took GALVAN to a second SDPD car a few blocks away. The Officers, whose identities are unknown at this time, locked GALVAN in the car and stood outside the car. GALVAN was in excruciating pain at this point. The seat in the SDPD vehicle is made of hard plastic. The seat aggravated the problems in GALVAN’s lower back. GALVAN’s wrists were also in tremendous pain from being tied so tightly with the handcuffs. GALVAN sat in agony, wondering what the SDPD officers would do to her next and what would happen to CHRISTY and WILMA since they both had argued with the police officers.

21. Two SDPD Officers stood outside the car talking to each other. A female SDPD Officer noticed that the all of the windows were rolled up and there was no air circulating in the car and it was hot inside. These SDPD Officers eventually lowered the window and GALVAN could once again breathe. The male SDPD Officer began to question GALVAN. He asked GALVAN what happened. She told him what had occurred at the rally. She also told him about some of her political opinions. He kept asking her why she was against illegal immigration. He asked her what her legal status was. He asked her where she was born. Again, he said, “I don’t understandwhy are you against them?” The male SDPD Officer shut the windows leaving GALVAN without any air circulating again, on a hot day.

22. GALVAN was terrified. Now she felt as though she was being punished for her political views. She sat in a hot patrol car, with no air, severe pain in her back and her wrists, and all alone at the mercy of a SDPD Officer who disagreed with her political opinions. After the male SDPD Officer closed the window, GALVAN heard the officers discussing the issue of immigration. The female SDPD Officer told the male SDPD Officer to turn on the air conditioner because it was so hot and there was no air circulating in the SDPD car. The female SDPD Officer walked away and the male SDPD Officer opened the car door and turned on the air and got inside the SDPD car. GALVAN was afraid of the male SDPD Officer, so she remained completely still, despite the fact that her wrists and her back were in unbearable pain. GALVAN closed her eyes so that the male SDPD officer would not ask her questions again that he could use to invent excuses to punish GALVAN for her political views.

23. After about an hour, the SDPD officers took GALVAN to a San Diego Police Station. She was locked in a small jail cell. When the female SDPD Officer took the handcuffs off so GALVAN could use the restroom, the Officer noticed the deep red marks that the handcuffs had made on GALVAN’s arm. The female SDPD Officer apologized and told GALVAN that the officer who had handcuffed her was “new”.She stated that police officers can have political views but they cannot express them when working.

24. The SDPD officer asked GALVAN for her name, address, and other information. She was told that she was going to have to sign a “ticket”. GALVAN told the officers that nobody had explained to her why she was arrested. GALVAN asked to speak with a lawyer and make a phone call. Suddenly, GALVAN heard screaming from the other side of the room. She saw EMERSON pointing his finger and walking toward her, yelling at her that she knew exactly why she was arrested. EMERSON threatened to take GALVAN to “Las Colinas”, if she made things “difficult” for him. EMERSON finished filling out some paperwork and then removed the handcuffs from GALVAN. EMERSON called out to GALVAN’s friends and walked her into another room where Christy and Wilma arrived later. Christy and Wilma asked for a form to file a complaint against the SDPD, but EMERSON said “We do not have them.”

25. GALVAN suffered a great deal of physical pain due to the reckless actions of the SDPD Officers. She has experienced throbbing pain from her shoulder, all the way down her arm, to her fingers. GALVAN is a nurse. As a result of these injuries caused by the SDPD Officers, she has experienced spasms in her hands. She has been unable to perform her job duties without pain and spasms in her hand, such as, holding a Foley catheter, and starting an IV for a patient, due to the continuous shaking of both of her hands.

26. GALVAN has seen a doctor to be evaluated for the injuries to her back, her shoulder, and her wrists. She is currently taking medication to relieve the pain of her physical injuries caused by the SDPD Officers. She has also had physical therapy to help her regain full use of her wrists and her shoulder that were damaged during the unlawful arrest.

27. GALVAN’s good name has been besmirched by this arrest. Her family and friends, living in Mexico, saw pictures of her on the news and learned of her arrest. She lives in fear that she will lose her job, as a result of this false arrest. She has been humiliated by SDPD, and its officers, and she stands in fear that she will be falsely arrested again.

28. Once the San Diego County District Attorney’s Office reviewed this case, it did not file any criminal charges against GALVAN, as she did not commit any crime. The SDPD Officers fabricated a SDPD report and misused their position of authority to make a political statement. GALVAN was singled out from the others in her group because she alone was Hispanic. The SDPD Officers involved in this incident were outraged that GALVAN would “betray her own people” and stand against the inhumane process of illegal immigration. She was physically injured and publicly humiliated because she chose to exercise her constitutional right to freedom of speech.

29. Enrique Morones reported the incident of GALVAN’s arrest and jail on the radio to discredit her and “smear her name”, saying that she is the kind of person who is arrested and jailed. GALVAN believes that this incident will affect her for the rest of her life.

30. GALVAN has been terrorized and has suffered continually, both emotionally and physically, as a result of the disgraceful acts committed by the SDPD Officers, as noted herein.
I.
FIRST CAUSE OF ACTION
FALSE ARREST/IMPRISONMENT
(Against Defendants San Diego City Police Department, City of San Diego,
San Diego City Police Officer Emerson, in his official and individual capacity,
and DOES 1-50)

31. GALVAN repeats and reallege the allegations set forth in paragraphs 1 through 30 above as though fully set forth herein.
32. EMERSON, and the other SDPD Officers discussed above, are, and at all times herein mentioned were, employed by SDPD and SD as police officers, and, in doing the things hereinafter alleged, were acting within the course and scope of their employment.

33. On or about July 30, 2007, GALVAN presented a claim in the amount of $170,000.00 to SDPD, which is the amount of the compensatory damages sought in this action. A copy of this claim is attached as Exhibit A, and made a part hereof . No response to this has been received from SDPD. SDPD failed to act on the claim within a period of 45 days after its presentation, and the claim was thus deeded rejected under the provisions of Section 912.4 of the Government Code at the expiration of the 45-day period.

34. On or about July 30, 2007, GALVAN presented a claim in the amount of $170,000.00 to SD, which is the amount of the compensatory damages sought in this action. A copy of this claim is attached as Exhibit B, and made a part hereof. On or about October 2, 2007, SD rejected GALVAN’s claim in its entirety.

35. On February 2, 2007, GALVAN was seized and arrested, while peacefully demonstrating, by EMERSON, and other SDPD Officers, maliciously and without warrant or order of commitment or any other legal authority of any kind, when GALVAN had not committed any crime or public offense. EMERSON accused GALVAN of committing the offenses of “trespassing” and “resisting/delaying police officer during his duties”, but, in fact, these offenses had not occurred, nor did EMERSON have probable cause to believe that they had occurred, or that GALVAN had committed them.

36. EMERSON and the other SDPD officers delivered GALVAN to the SDPD substation in San Ysidro, in the City of San Diego, California, where GALVAN was imprisoned until released several hours after her arrest.

37. As a proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was compelled to secure the services of an attorney at law to represent her in the threatened criminal prosecution.

38. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN has suffered great damage to her reputation and embarrassment in her community, all to her damage.

39. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, and, among others, sustained the following physical injuries: throbbing pain from her shoulder, all the way down her arm, to her fingers, and spasms in her hand, all of which injuries have caused GALVAN to suffer extreme and severe physical pain and mental anguish. Theses injuries may result in some permanent disability to GALVAN, namely, being unable to perform her job duties as a nurse, such as, holding a Foley catheter, starting an IV for a patient, and checking a patient’s blood pressure, and not regaining full use of her wrists and her shoulder that were damaged during the unlawful arrest, all to her general damage.

40. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was required to and did employ physicians for medical examination, treatment, and care of these injuries, and did incur medical and incidental expenses.

41. As a further proximate result of the acts of Defendants, and each of them as herein alleged, GALVAN has incurred, and will incur further, medical and incidental expenses for the care and treatment of these injuries, the exact amount of which is unknown at the present time.

42. The acts of Defendants, and each of them, as herein alleged were willful, wanton, malicious, and oppressive, and justify the awarding of punitive damages against the individual defendants.
II.
SECOND CAUSE OF ACTION
BATTERY
(Against Defendants City of San Diego, San Diego City Police Department,
San Diego City Police Officer Emerson, in his personal and official capacity,
and DOES 1-50)

43. GALVAN repeats and reallege the allegations set forth in paragraphs 1 through 42 above as though fully set forth herein.

44. On February 2, 2007, GALVAN attempted to attend a rally organized by Enrique Morones, leader of a group called “Border Angels.” Mr. Morones had invited the general public to attend the rally on his radio program. Ms. Galvan and two friends, Wilma Spahn (hereafter referred to as “WILMA”) and Christy Czajkowski (hereafter referred to as “CHRISTY”), arrived at the rally being held in an open area near 100 Virginia Street in San Diego at approximately noon. GALVAN, a naturalized American citizen, was there to protest the corrupt government of Mexico, which forces its people to illegally enter the United States in order to obtain a better life and to send money to their families in Mexico, and to verify that Mexican government officials were there to promote illegal immigration into the United States.

45. At that time and place, EMERSON and other SDPD Officers approached GALVAN and arrested GALVAN, maliciously and without warrant or order of commitment or any other legal authority of any kind, when GALVAN had not committed any crime or public offense. EMERSON accused GALVAN of committing the offenses of “trespassing” and “resisting/delaying police officer during his duties”, but, in fact, the offenses had not occurred, nor did EMERSON have probable cause to believe that they had occurred, or that GALVAN had committed them.

46. Plaintiff protested her innocence of the charge, but, otherwise, did not attempt to flee or physically resist arrest in any manner whatsoever.

47. Despite GALVAN’s willingness to submit to arrest, the female police officer initiated the arrest from behind GALVAN and EMERSON assisted her. GALVAN felt EMERSON grab her right arm and twist it behind her back very tight. She felt someone grab her left arm too. Then the two SDPD Officers handcuffed her so tightly that the cuffs left indentations in GALVAN’s wrists.
EMERSON turned GALVAN toward the female SDPD Officer and pushed her toward a SDPD car. The female SDPD Officer grabbed GALVAN’s arm very tightly and pushed her forward. GALVAN told the female officer that she did not have to push because GALVAN was walking. The SDPD Officers kept pushing and yelled, “Walk!”
A male SDPD Officer called “The Captain” took GALVAN from the female SDPD Officer and asked her to get inside the SDPD car.
Some time later, two SDPD Officers took GALVAN to a second SDPD car a few blocks away. The Officers, whose identities are unknown at this time, locked GALVAN in the car and stood outside the car. GALVAN was in excruciating pain at this point. The seat in the SDPD vehicle is made of hard plastic. The seat aggravated the problems in GALVAN’s lower back. GALVAN sat in agony, wondering what the SDPD would do to her next.

48. Two SDPD Officers stood outside the car talking to each other. A female SDPD Officer noticed that all of the windows were rolled up and there was no aid circulating in the car and it was hot inside. These SDPD Officers eventually lowered the window and GALVAN could once again breathe. The male SDPD Officer began to question GALVAN. He asked GALVAN what happened. She told him what had occurred at the rally. She also told him about some of her political opinions. He kept asking her why she was against illegal immigration. He asked her what her legal status was. He asked her where she was born. Again, he said, “I don’t understandwhy are you against them?” The male SDPD Officer shut the windows leaving her without any air circulating again, on a hot day.

GALVAN was terrified. Now she felt as though she was being punished for her political views. She sat in a hot patrol car, with no air, severe pain in her back and her wrists, and all alone at the mercy of a SDPD Officer who disagreed with her political opinions. After the male SDPD Officer closed the window, GALVAN heard the officers discussing the issue of immigration. The female SDPD Officer told the male SDPD Officer to turn on the air conditioner because it was so hot and there was no air circulating in the SDPD car. The female SDPD Officer walked away and the male SDPD Officer opened the car door and turned on the air and got inside the SDPD car. GALVAN was afraid of the male SDPD Officer, so she remained completely still, despite the fact that her wrists and her back were in unbearable pain. GALVAN closed her eyes so that the male SDPD officer would not ask her questions again that he could use to invent excuses to punish GALVAN for her political views.

After about an hour, the SDPD took GALVAN to a San Diego Police Station. She was locked in a small jail cell. When the female SDPD Officer took the handcuffs off so GALVAN could use the restroom, the Officer noticed the deep red marks that the handcuffs had made on GALVAN’s arm. The female SDPD Officer apologized and told GALVAN that the officer who had handcuffed her was “new”. She stated that police officers can have political views, but that they cannot express them when working.

GALVAN was told that she was going to have to sign a “ticket”. GALVAN told the officers that nobody had explained to her why she was arrested. GALVAN asked to speak with a lawyer and make a phone call. Suddenly, GALVAN heard screaming from the other side of the room. She saw EMERSON pointing his finger and walking toward her, yelling at her that she knew exactly why she was arrested. EMERSON threatened to take GALVAN to “Las Colinas”, if she made things “difficult” for him. EMERSON finished filling out some paperwork and then removed the handcuffs from GALVAN.

49. In doing the acts as alleged above, EMERSON and the other SDPD Officers acted with the intent to make a contact with GALVAN’s person.

50. At no time did GALVAN consent to any of the acts of EMERSON and the other SDPD Officers alleged above.

51. As a proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN has suffered great damage to her reputation and embarrassment in her community, all to her damage.

52. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, and, among others, sustained the following physical injuries: throbbing pain from her shoulder, all the way down her arm, to her fingers, and spasms in her hand, all of which injuries have caused GALVAN to suffer extreme and severe physical pain and mental anguish. Theses injuries may result in some permanent disability to GALVAN, namely, being unable to perform her job duties as a nurse, such as, holding a Foley catheter, starting an IV for a patient, and checking a patient’s blood pressure, and not regaining full use of her wrists and her shoulder that were damaged during the unlawful arrest, all to her general damage.

53. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was compelled to secure the services of an attorney at law to represent her in the threatened criminal prosecution. .

54. Enrique Morones reported the incident of GALVAN’s arrest and jail on the radio to discredit her and “smear her name”, saying that she is the kind of person who is arrested and jailed. GALVAN believes that this incident will affect her for the rest of her life.

55. GALVAN has been terrorized and has suffered continually, both emotionally and physically, as a result of the disgraceful acts committed by the SDPD Officers, as noted herein.

56. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was required to and did employ physicians for medical examination, treatment, and care of these injuries, and did incur medical and incidental expenses.

57. As a further proximate result of the acts of Defendants, and each of them as herein alleged, GALVAN has incurred and will incur, further medical and incidental expenses for the care and treatment of these injuries, the exact amount of which is unknown at the present time.
III.

THIRD CAUSE OF ACTION
BATTERY
(Against Defendants City of San Diego, San Diego City Police Department,
San Diego City Police Officer Emerson, in his personal and official capacity,
and DOES 1-50)

58. GALVAN repeats and reallege the allegations set forth in paragraphs 1 through 57 above as though fully set forth herein.

59. On February 2, 2007, GALVAN attempted to attend a rally organized by Enrique Morones, leader of a group called “Border Angels.” Mr. Morones had invited the general public to attend the rally on his radio program. Ms. Galvan and two friends, Wilma Spahn (hereafter referred to as “WILMA”) and Christy Czajkowski (hereafter referred to as “CHRISTY”), arrived at the rally being held in an open area near 100 Virginia Street in San Diego at approximately noon. GALVAN, a naturalized American citizen, was there to protest the corrupt government of Mexico, which forces its people to illegally enter the United States in order to obtain a better life and to send money to their families in Mexico, and to verify that Mexican government officials were there to promote illegal immigration into the United States.

60. At that time and place, EMERSON and other SDPD Officers approached GALVAN and arrested GALVAN, maliciously and without warrant or order of commitment or any other legal authority of any kind, when GALVAN had not committed any crime or public offense. EMERSON accused GALVAN of committing the offenses of “trespassing” and “resisting/delaying police officer during his duties”, but, in fact, the offenses had not occurred, nor did EMERSON have probable cause to believe that they had occurred, or that GALVAN had committed them.

61. GALVAN was standing behind Christy and Wilma in the “protest zone” and could see EMERSON on the other side of the “cones” in front of her. Suddenly, GALVAN felt someone touching her right arm from behind. She tried to move, but could not. GALVAN turned around and saw a female SDPD Officer trying to grab her arm. GALVAN was confused and had no idea what was going on because she was standing in the place where the officers told her to be. She began screaming, “Do not touch me.” EMERSON ran towards GALVAN, who was still inside the “designated area” that was cordoned off by the SDPD. GALVAN felt EMERSON grab her right arm and twist it behind her back very tight. She felt someone grab her left arm too. Then the two SDPD Officers handcuffed her so tightly that the cuffs left indentations in GALVAN’s wrists.

62. GALVAN asked what she did wrong. She asked why she was being arrested. No SDPD Officer told her what law she had violated. No SDPD Officer told her why she was handcuffed. No SDPD Officer told her why she was arrested, while her two Anglo friends, standing in front of her, arguing with the SDPD, were left unharmed by the SDPD. EMERSON simply turned GALVAN toward the female SDPD Officer and pushed her toward a SDPD car. The female SDPD Officer grabbed GALVAN’s arm very tightly and pushed her forward. GALVAN told the female officer that she did not have to push because GALVAN was walking. The SDPD Officers kept pushing and yelled, “Walk!”

63. A male SDPD Officer called “The Captain” took GALVAN from the female SDPD Officer and asked her to get inside the SDPD car.

64. Some time later, two SDPD Officers took GALVAN to a second SDPD car a few blocks away. The Officers, whose identities are unknown at this time, locked GALVAN in the car and stood outside the car. GALVAN was in excruciating pain at this point. The seat in the SDPD vehicle is made of hard plastic. The seat aggravated the problems in GALVAN’s lower back. GALVAN’s wrists were also in tremendous pain from being tied so tightly with the handcuffs. GALVAN sat in agony, wondering what the SDPD would do to her next.

65. Two SDPD Officers stood outside the car talking to each other. A female SDPD Officer noticed that the all of the windows were rolled up and there was no air circulating in the car and it was hot inside. These SDPD Officers eventually lowered the window and GALVAN could once again breathe. The male SDPD Officer began to question GALVAN. He asked GALVAN what happened. She told him what had occurred at the rally. She also told him about some of her political opinions. He kept asking her why she was against illegal immigration. He asked her what her legal status was. He asked her where she was born. Again, he said, “I don’t understandwhy are you against them?” The male SDPD Officer shut the windows leaving her without any air circulating again, on a hot day.

66. GALVAN was terrified. Now she felt as though she was being punished for her political views. She sat in a hot patrol car, with no air, severe pain in her back and her wrists, and all alone at the mercy of a SDPD Officer who disagreed with her political opinions. After the male SDPD Officer closed the window, GALVAN heard the officers discussing the issue of immigration. The female SDPD Officer told the male SDPD Officer to turn on the air conditioner because it was so hot and there was no air circulating in the SDPD car. The female SDPD Officer walked away and the male SDPD Officer opened the car door and turned on the air and got inside the SDPD car. GALVAN was afraid of the male SDPD Officer, so she remained completely still, despite the fact that her wrists and her back were in unbearable pain. GALVAN closed her eyes so that the male SDPD officer would not ask her questions again that he could use to invent excuses to punish GALVAN for her political views.

67. After about an hour, the SDPD took GALVAN to a San Diego Police Station. She was locked in a small jail cell. When the female SDPD Officer took the handcuffs off so GALVAN could use the restroom, the Officer noticed the deep red marks that the handcuffs had made on GALVAN’s arm. The female SDPD Officer apologized and told GALVAN that the officer who had handcuffed her was “new”. She stated that police officers can have political views, but that they cannot express them when working.

68. GALVAN was told that she was going to have to sign a “ticket”. GALVAN told the officers that nobody had explained to her why she was arrested. GALVAN asked to speak with a lawyer and make a phone call. Suddenly, GALVAN heard screaming from the other side of the room. She saw EMERSON pointing his finger and walking toward her, yelling at her that she knew exactly why she was arrested. EMERSON threatened to take GALVAN to “Las Colinas”, if she made things “difficult” for him. EMERSON finished filling out some paperwork and then removed the handcuffs from GALVAN.

69. GALVAN is informed and believes and thereon alleges that at the time of the above-described events, and at all other pertinent times, Defendants, and each of them, had no warrant for the arrest of GALVAN or other facts or information that constituted probable cause that GALVAN had ever committed, or was about to commit, a crime, so as to provide grounds for a lawful arrest; nor did Defendants, or any of them, have any facts or information that constituted a reasonable suspicion that GALVAN was involved in any unlawful activity so as to provide grounds for any detention or restraint whatsoever on GALVAN’s freedom of movement, and that GALVAN’s detention and arrest was, therefore, unlawful.

70. In doing the acts as alleged above, Defendants, and each of them, acted with the intent to make a contact with GALVAN’s person.

71. At all times stated herein, GALVAN found the contact made with her person by Defendants to be harmful and offensive to her person and dignity.

72. At no time did GALVAN consent to any of the acts of Defendants, and each of them, alleged above.

73. GALVAN suffered a great deal of physical pain due to the reckless actions of the SDPD Officers. She has experienced throbbing pain from her shoulder, all the way down her arm, to her fingers. GALVAN is a nurse. As a result of these injuries caused by the SDPD Officers, she has experienced spasms in her hands. She has been unable to perform her job duties without pain and spasms in her hand, such as, holding a Foley catheter, and starting an IV for a patient, due to the continuous shaking of both of her hands.

74. GALVAN has seen a doctor to be evaluated for the injuries to her back, her shoulder, and her wrists. She is currently taking medication to relieve the pain of her physical injuries caused by the SDPD Officers. She has also had physical therapy to help her regain full use of her wrists and her shoulder that were damaged during the unlawful arrest.

75. GALVAN’s good name has been besmirched by this arrest. Her family and friends, living in Mexico, saw pictures of her on the news and learned of her arrest. She lives in fear that she will lose her job, as a result of this false arrest. She has been humiliated by SDPD, and its officers, and she stands in fear that she will be falsely arrested again.

IV.
FOURTH CAUSE OF ACTION
ASSAULT
(Against Defendants City of San Diego, San Diego City Police Department,
San Diego City Police Officer Emerson, in his personal and official capacity,
and DOES 1-50)

76. GALVAN repeats and reallege the allegations set forth in paragraphs 1 through 72 above as though fully set forth herein.

77. On or about February 2, 2007, after GALVAN’s arrest, two SDPD Officers stood outside the car, where she was being held, talking to each other. A female SDPD Officer noticed that all of the windows were rolled up and there was no aid circulating in the car and it was hot inside. These SDPD Officers eventually lowered the window and GALVAN could once again breathe. The male SDPD Officer began to question GALVAN. He asked GALVAN what happened. She told him what had occurred at the rally. She also told him about some of her political opinions. He kept asking her why she was against illegal immigration. He asked her what her legal status was. He asked her where she was born. Again, he said, “I don’t understandwhy are you against them?” The male SDPD Officer shut the windows leaving her without any air circulating again, on a hot day.
GALVAN was terrified. Now she felt as though she was being punished for her political views. She sat in a hot patrol car, with no air, severe pain in her back and her wrists, and all alone at the mercy of a SDPD Officer who disagreed with her political opinions. After the male SDPD Officer closed the window, GALVAN heard the officers discussing the issue of immigration. The female SDPD Officer told the male SDPD Officer to turn on the air conditioner because it was so hot and there was no air circulating in the SDPD car. The female SDPD Officer walked away and the male SDPD Officer opened the car door and turned on the air and got inside the SDPD car. GALVAN was afraid of the male SDPD Officer, so she remained completely still, despite the fact that her wrists and her back were in unbearable pain. GALVAN closed her eyes so that the male SDPD officer would not ask her questions again that he could use to invent excuses to punish GALVAN for her political views.

After about an hour, the SDPD took GALVAN to a San Diego Police Station. She was locked in a small jail cell. When the female SDPD Officer took the handcuffs off so GALVAN could use the restroom, the Officer noticed the deep red marks that the handcuffs had made on GALVAN’s arm. The female SDPD Officer apologized and told GALVAN that the officer who had handcuffed her was “new”. She stated that police officers can have political views, but that they cannot express them when working.

GALVAN was told that she was going to have to sign a “ticket”. GALVAN told the officers that nobody had explained to her why she was arrested. GALVAN asked to speak with a lawyer and make a phone call. Suddenly, GALVAN heard screaming from the other side of the room. She saw EMERSON pointing his finger and walking toward her, yelling at her that she knew exactly why she was arrested. EMERSON threatened to take GALVAN to “Las Colinas”, if she made things “difficult” for him. EMERSON finished filling out some paperwork and then removed the handcuffs from GALVAN

78. In doing the acts as alleged above, Defendants, and each of them, intended to cause or to place GALVAN in apprehension of a harmful contact with GALVAN’s person.

79. As a result of Defendants’, and each of their, acts as alleged above, GALVAN, in fact, was place in great apprehension of a harmful contact with GALVAN’s person.

80. At no time did GALVAN consent to any of the acts of Defendants, or each of them, alleged above.

81. As a proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, and among others, sustained the following physical injuries: throbbing pain from her shoulder, all the way down her arm, to her fingers, and spasms in her hand, all of which injuries have caused GALVAN to suffer extreme and severe physical pain and mental anguish. Theses injuries may result in some permanent disability to GALVAN, namely, being unable to perform her job duties as a nurse, such as, holding a Foley catheter, starting an IV for a patient, and checking a patient’s blood pressure, and not regaining full use of her wrists and her shoulder that were damaged during the unlawful arrest, all to her general damage. .

82. As a further proximate result of the acts of Defendants, and each of them, as herein alleged, GALVAN was required to and did employ physicians for medical examination, treatment, and care of these injuries, and did incur medical and incidental expenses.

83. As a further proximate result of the acts of Defendants, and each of them as herein alleged, GALVAN has incurred and will incur, further medical and incidental expenses for the care and treatment of these injuries, the exact amount of which is unknown at the present time.

V.
FIFTH CAUSE OF ACTION
VIOLATION OF CALIFORNIA CIVIL CODE §52.1
(Against Defendants City of San Diego, San Diego City Police Department,
San Diego City Police Officer Emerson, in his personal and official capacity,
and DOES 1-50)

84. GALVAN repeats and realleges the allegations set forth in paragraphs 1 through 80 above as though fully set forth herein.

85. EMERSON, and other SDPD Officers, without legal justification, and knowing that GALVAN had committed no crime, arrested GALVAN in an attempt to silence her and to prevent her from expressing her political views in opposition to illegal immigration. This action was done, in part, because GALVAN is of Hispanic descent, and, in the judgment of EMERSON, and other SDPD Officers, GALVAN should not be allowed to oppose illegal immigration because of her Hispanic heritage. Specifically, one of the male SDPD Officers repeatedly questioned GALVAN, while she was in custody, as to her ethnic origins and as to why she, based upon her ethnic origins, was opposed to illegal immigration.

86. California Civil Code section 52.1 prohibits interference:
“by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.”

87. As a proximate result of the actions described above by Defendants, and each of them, GALVAN was denied her right to exercise her First Amendment Rights under the United States Constitution to speak out against what she believes to be the unjust political and economic system in Mexico and the failure of law enforcement, and other officials, in the United States, including those of SDPD and SD, to enforce current laws regarding illegal immigration. As a result, GALVAN has suffered damages in an amount to be shown at the time of trial.

VI.
SIXTH CAUSE OF ACTION
VIOLATION OF CALIFORNIA CIVIL CODE § 51.7
(Against Defendants City of San Diego, San Diego City Police Department,
San Diego City Police Officer Emerson, in his personal and official capacity,
and DOES 1-50)

88. GALVAN repeats and realleges the allegations set forth in paragraphs 1 through 84 above as though fully set forth herein.

89. On or about February 2, 2007, after GALVAN’s arrest, two SDPD Officers stood outside the car, where she was being held, talking to each other. A female SDPD Officer noticed that all of the windows were rolled up and there was no aid circulating in the car and it was hot inside. These SDPD Officers eventually lowered the window and GALVAN could once again breathe. The male SDPD Officer began to question GALVAN. He asked GALVAN what happened. She told him what had occurred at the rally. She also told him about some of her political opinions. He kept asking her why she was against illegal immigration. He asked her what her legal status was. He asked her where she was born. Again, he said, “I don’t understandwhy are you against them?” The male SDPD Officer shut the windows leaving her without any air circulating again, on a hot day.
GALVAN was terrified. Now she felt as though she was being punished for her political views. She sat in a hot patrol car, with no air, severe pain in her back and her wrists, and all alone at the mercy of a SDPD Officer who disagreed with her political opinions. After the male SDPD Officer closed the window, GALVAN heard the officers discussing the issue of immigration. The female SDPD Officer told the male SDPD Officer to turn on the air conditioner because it was so hot and there was no air circulating in the SDPD car. The female SDPD Officer walked away and the male SDPD Officer opened the car door and turned on the air and got inside the SDPD car. GALVAN was afraid of the male SDPD Officer, so she remained completely still, despite the fact that her wrists and her back were in unbearable pain. GALVAN closed her eyes so that the male SDPD officer would not ask her questions again that he could use to invent excuses to punish GALVAN for her political views.

90. California Civil Code § 51.7 prohibits:
“violence, or intimidation by threat of violence, committed against [one’s] person[] or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or [one’s] position in a labor dispute, or because another person perceives [him or her] to have one or more of those characteristics.”

91. California Civil Code Section 51, provides:

“All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”

92. EMERSON, and SDPD Officers, without legal justification, and knowing that GALVAN had committed no crime, arrested GALVAN in an attempt to silence her and to prevent her from expressing her political views in opposition to illegal immigration. This action was done, at least in part, because GALVAN is of Hispanic descent, and, in the judgment of EMERSON, and other SDPD Officers, GALVAN should not be allowed to oppose illegal immigration because of her Hispanic heritage. Specifically, one of the male SDPD Officers repeatedly questioned GALVAN, while she was in custody, as to her ethnic origins and as to why she, based upon her ethnic origins, was opposed to illegal immigration.

93. As a proximate result of the actions described above by Defendants, and each of them, GALVAN was denied her right to exercise her First Amendment Rights under the United States Constitution to speak out against what she believes to be the unjust political and economic system in Mexico and the failure of law enforcement, and other officials, in the United States, including those of SDPD, to enforce current laws regarding illegal immigration. As a result, GALVAN has suffered damages in an amount to be shown at the time of trial. .

SPECIFIC PRAYER FOR RELIEF
WHEREFORE, GALVAN prays judgment against Defendants, and each of them, as follows:

1. For general damages to GALVAN from each named Defendant in an amount to be determined.

2. For all medical and incidental expenses according to proof;

3. For damages for mental and emotional distress according to proof.

4. For punitive damages against the individual defendants.

5. For costs of suit herein incurred.

6. For statutory penalties of $4,000.00 to GALVAN from each named Defendant for each and every violation of Civil Code § 52.1, pursuant to Civil Code § 52(a);

7. For statutory penalties of $25,000.00 to GALVAN from each named Defendant for each and every violation of Civil Code § 51.7, pursuant to Civil Code § 52(b)(2);

8. For costs, interest, and attorneys’ fees, pursuant to Civil Code § 52(b)(3);

9. For such other and further relief as the court may deem proper.

Dated: February 6, 2008
UNITED STATES JUSTICE FOUNDATION

By: GARY G. KREEP
Attorneys for Plaintiff
FRANCISCA GALVAN

VERIFICATION

I, FRANCISCA GALVAN, am the Plaintiff in the above-entitled action. I have read the foregoing COMPLAINT FOR DAMAGES and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: February 6, 2008

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