San Bernardino police officers kicked the man who called them to keep the peace between him and his landlord’s friends, then arrested him when he reported the battery to the police department the next day, a Jan. 28 complaint in the Central District of California court claims.
San Bernardino has not yet been served with the lawsuit, San Bernardino Public Information Officer Jeff Kraus said when reached for comment.
Allegations
The following assertions are in the complaint:
Kevin Giang’s landlord, Jimmy Pruitt, attempted to unjustly evict Giang after he rented the house for three weeks. Pruitt’s friends were harassing Giang May 12, 2020, to cause him to leave the property early. After Giang called the police, Pruitt’s friends convinced the police that Giang was taking prescription drugs. One officer kicked Giang in his ribs, another placed his knee on Giang’s neck, then they tightly handcuffed him and released him one hour later.
Giang’s complaint further asserts that he had trouble breathing for five months due to being kicked. He attempted to file a complaint with the police department the next day, but an officer refused to accept it.
Giang later called the police department to file a complaint, but was then arrested and taken to the San Bernardino City Jail for making a false report of an emergency, the complaint claims.
The San Bernardino Police arrest log from May 2020 confirms Giang was arrested May 13 under Penal Code 148.3(a), for making a false emergency report.
Giang continued to be harassed by his landlord’s associates, but did not call the police out of fear of being arrested, and lost his property, the complaint claims.
Causes of action
Giang’s nine causes of action are for the following:
- Unreasonable seizure of person under the Fourth Amendment
- Use of unreasonable force on person under the Fourth Amendment
- A Monell claim against the city of San Bernardino, for failure to train
- Violation of right to freedom of speech and the right to petition the government for a redress of grievances under the First Amendment
- Violation of the Tom Bane Civil Rights Act
- False arrest
- Battery
- Assault
- Intentional infliction of emotional distress
Giang prayed for compensatory damages in excess of $3 million, punitive damages in excess of $3 million and a trial by jury.
Parties
Jerry Steering and Brenton Aitken of Newport Beach’s Law Office of Jerry Steering represent Giang.
Defendant’s counsel is not announced yet.
District Judge John Walter and Magistrate Judge Rozella Oliver are assigned to the case.
Case 5:22-cv-00178
Read the complaint here.
