Jennifer L. Henn  |  December 29, 2020

Category: Legal News

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A police officer stands with his hand on his gun in its holster - police brutality

The mother of a young man who says police from Hayward, California, shot him as he was driving out of a parking lot in the early morning hours of June 1, and then handcuffed him and dug two of their bullets out of his back without the help of paramedics, is suing the city.

The alleged police brutality led Jael Barnes to file a federal lawsuit on behalf of her minor son – identified only as J.B. – on Dec. 21 against Hayward and police officers Samuel Tomlinson and Stephen Akacsos. Barnes’ attorneys also list “Does 1-50,” unnamed other Hayward police officers who were in the area of the shooting, as co-defendants.

“As a result of the excessive force used by Hayward police officers Tomlinson and Akacsos, and the other yet-to-be-identified officers, Plaintiff J.B. suffered two life threatening gunshot wounds,” the lawsuit says. “The incident left the minor … physical and mentally scarred.”

A map shows Hayward, California - police brutality

According to the lawsuit, J.B. had gone out with a cousin and fell asleep in the backseat of the car while waiting alone in a parking lot near a CVS store.

When he woke up to the sound of a commotion outside, J.B. moved to the driver’s seat, started the car and began to leave, giving the police he saw there a wide berth, he says.

Hayward police have said they thought J.B. was going to hit them on his way out of the parking lot.

The incident happened around 4 a.m. on a night the city was under a curfew, according to reporting by the Times-Herald in Vallejo, California.

Demonstrators in the region had be gathering for many nights to protest racial injustice in the wake of the police killing of George Floyd in Minneapolis.

There were also reports of looting in the area where J.B. was shot.

J.B. was arrested that night and charged with suspected assault with a deadly weapon — charges that were later dropped.

Barnes was quoted by the New York Post as saying, “I feel like all they saw was a black face and just believed he did (a crime).”

“Not only does he now have these physical wounds, he has these mental wounds, as well, which will never go away,” she went on to say.

Barnes’ legal team filed the civil lawsuit in U.S. District Court for the Northern District of California, claiming the city and police violated the minor’s rights and perpetuated an unsafe practice.

“Officers are trained that it is permissible to shoot at the back and sides of vehicle[s] that are fleeing and posing no immediate danger to anyone,” the lawsuit claims. City police officials should have known about the alleged police brutality “given this is just the latest … in a string of recent and egregious excessive force.”

The lawsuit cites four other incidents in recent years in which Hayward officers have been accused of police brutality or using excessive force.

Have you been subjected to police brutality or excessive force? Tell us about it in the comment section below.

J.B. and his guardian are represented by Patrick M. Buelna and Adante D. Pointer of Pointer & Buelna LLP.

The Police Brutality Lawsuit is J.B. v. City of Hayward, et al., Case No. 3:20-cv-09245-JSC, in the U.S. District Court for the Northern District of California.

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