Federal lawsuit filed against Pomona, police involving August 2008 checkpoint meeting

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A federal lawsuit has been filed against the city and police on behalf of more than 50 members of the Pomona Habla/Pomona Speaks coalition and others involving an August 2008 meeting where a dispute erupted between them and off-duty police officers.

Attorney Luis Carrillo filed the suit last week in U.S. Central District Court.

The suit names the city, retired Pomona Police Chief Joe Romero, 14 members of the Police Department and 10 unnamed officers. Unspecified damages are being sought.

The city received the suit last week.

"We're evaluating it and are not going to comment on an ongoing legal matter," said Mark Gluba, assistant to the city manager, on Tuesday.

In the suit, Carrillo claims his clients' First Amendment rights to assembly, free speech to redress grievances and exercise of religious freedom were violated along with violation of the their Fourteenth Amendment right to due process.

The suit centers around an Aug. 21, 2008 meeting at the Centro Promesa de Dios on West Second Street in downtown.

The purpose of the meeting was to discuss the city's use of traffic checkpoints and to gather suggestions from the public on possible solutions to address the matter.

A heated verbal dispute ensued between off-duty Pomona police officers and members of the public.

Plaintiff and coalition member Angela Sanbrano said the outbursts prompted many in attendance to leave.

"They were visibly scared and afraid violence would break out," Sanbrano said.

The presence of the officers and the behavior was a form of intimidation, she said.

"In a democratic society this should not happen."

In the lawsuit, Carrillo said the city "ratified" the officers' civil rights violations in addition to showing "a deliberate indifference to the violation of civil rights."

Carrillo said he waited until this point to file the federal case to see if the results of an independent investigation order by the city into the matter would be presented to the public.

The investigation, however, is not likely to have "any teeth" to it, Carrillo said.

The investigation "has not been completed at this time" but the city anticipates it will be completed shortly, Gluba said.

Just how much of the results will be released is difficult to say at this time since police personnel matters are protected by state law, Gluba said.

Pursuing this matter is necessary, Carrillo said.

"We don't want Pomona to be turned into another Mississippi town," he said.

Carrillo said the legal case will probably a long one.

"The city is going to dig in its heels," he said. "They are going to try to justify the unjustifiable. Ultimately, they'll have to face a jury."

Irma Santana, one of the plaintiffs, said she attended last year's meeting with the idea that a discussion could take place and potential solutions to the checkpoint matter could be generated.

"I was there to be of support," she said in Spanish. Instead "what I saw was injustice."

Santana said she stayed for the entire meeting but left disappointed and upset that the purpose of the meeting wasn't realized.

 

 

 


8 Comments

This is just another lawsuit that is going to waste time and money. As much as I hate the police, they are doing much good to the city by holding these checkpoints where drunk drivers, individuals with warrants, and people illegally driving without a license are taken off the roads.

What if one of these people hit your car on the roads? I have uninsured motorist coverage but I can afford that luxury. It wouldn't be right if someone hit your car and could not pay for the repairs because they don't have a license and therefore no insurance.

Daisy Rivera said:

Unfortunately, what this lawsuit is doing is taking city money away that can be used for police officers to patrol City of Pomona neighborhoods, schools, or have extra curriculum activities for juveniles for after school programs.
I understand how many residents feel frustrated for not having the opportunity to take out a driver's license. However, that is something that is not in Pomona Police Department’s hands. Pomona can not change the laws. Therefore, police officers are only doing there jobs. Some of this sworn police officer's are Hispanic some in which also had parents/family who at some point was unable to have a driver's license. Do you all really think that they want to be racist and pick on people from there own background just because? I don't think so.
This group of individuals “Members of the Pomona Habla/Pomona” is harming many individuals. In what way? Number one they are taking media time for more important issues like announcing more time for suspects wanted etc, Number two instead of improving society they are persuading juveniles, neighbors, friends etc to have negative attitude towards Police officers with that creating conflict.
It is unfortunate that many people who are unlicensed are good hard-working people that need to get to work in order to support there family. However, there is always the good and the bad for everything & many methods to do so. There are those individuals that do hit and runs, which drink and drive, who have a suspended license and there they are exiting the courts driving when they were just told not to drive. Teenagers who have stolen there parents vehicle to get to a party, drivers who pass through a checkpoint that are wanted some in which have warrants such as murder, rape, etc.
It doesn’t matter what your profession is or what group you may belong to we all have freedom of speech. If there was off-duty police officer’s in the meeting I am 100% positive they were not there to pick on no one or to try to intimidate any resident. Just like “Members of the Pomona/Habla Group” have freedom of opinion so does off- duty police officer’s. This group of individuals “Pomona/Habla” since the beginning has created conflict. In one of the first meetings “Pomona/Habla” gathered a lot of people outside of City Hall causing the need of extra officer’s to be out there when this police officer’s could be working in other details and city providing that used money in special operation like taking prostitution off the city etc.
“Pomona/Habla Group” Please do yourself a favor first get the right information with supporting facts to the Spanish Media because in several occasion’s it has been incorrect. Secondly if the group needs money for funds do fundraisers or events but don’t do pointless lawsuits that are only taking money away from your City.

Rob Lopez said:

I so agree with the comments above. "Pomona/Habla Members" if the economy is affecting you financially don't be coming up with bogus lawsuits. But okay lets say you do win your lawsuit donate the money to schools or to activities that will benefit the City Of Pomona. I just hope you all do not come up that you all need the money for counseling and trauma or because you were affected emotionally. People now in days do lawsuits for everything Geeeeez! Then you are the ones that come up in the news crying of how police do not do there work but thanks to groups like this one many great activities such as checkpoints are taken away.

SAM said:

Now, how exactly is trying to sue PPD helping our Communities?

Members of Pomona Habla/Pomona you disguest me.

PPD broke no laws if you have a problem with it come up with the 10,000 nessecary signatures bring it to your congressmen and watch it get tossed in the trash.

check points are here to stay I guess its time you start taking pride in the country/state that provides for you and obey its laws.

meaning get a DL and Insurence period.

Blake said:

for those whom it may and are concerned....
the city of pomona needs more social groups regardless the price.
we are waisting much more money as it is on illegal arrests that are leading up to illegal convictions. the city of pomona has a small group witch consist of three district attorneys, two judges and a big handfull of police officers who will by any means send you to prison if you are inlisted on there agenda even if that means breaking the law them selves. the ppd is pursueing the same reputation as the rampart division.
The people reflect off there leaders. What the leaders do onto the people in return they do on to there community. two wrongs cannot make a right.

veronica said:

thats what you get for being afraid of mexicans i am sure thats all in this suit. pomona police dept.

Khadijah said:

Somehow I am not surprised to find this lawsuit. Pomona police seems to have an afinity for molesting innocent citizens. Several officers stopped me back in November for 4-1/2 hours. They wouldn't tell me why they were holding me. The reason I know why was because I overheard one of them say that they were invoved in a terrorism "investigation." I was interrogated repeatedly about my links to Al Qaeda. One of them even came right out and said "ALL Muslims are terrorists!" The Internal Affairs whitewash said that they DID violate my civil rights, and discriminated against me. However, it said they were somehow "justified" in violating my rights. I had not done anything wrong, nor was I planning to. However, they treated me like a criminal and were very hostile towards me. They even threatened me. They violated my religious convictions. When I filed the formal complaint, I saw 2 of them, and they just GLARED at me like they wanted to kill me!

HahnLora23 said:

If you are willing to buy a car, you will have to receive the loans. Moreover, my father always uses a car loan, which occurs to be the most firm.

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