Fairfax Resident Files Lawsuit over Police Harassment, Cover-up of Misconduct

Fairfax resident Jeff Miller filed a civil rights lawsuit today against the Town of Fairfax for a July 2014 incident in which two Fairfax police officers wrongly and forcefully detained him for alleged mail theft and subjected him to insults and threats, simply for taking his mail out of his own mailbox. Although the Fairfax police chief initially promised to discipline the officers for inappropriate behavior, the police department subsequently conspired to cover up the officers’ misconduct, dismissing a formal complaint by Miller as “unfounded” and “frivolous.”

“For a simple trip to my mailbox I was subjected to a terrifying and demeaning encounter with aggressive and unprofessional Fairfax police officers,” said Miller. “No one should tolerate thuggish police behavior, especially when the police harass a resident who has committed no crime.”

A Fairfax police officer threatened use of force against Miller before determining whether a crime had actually been committed. Though Miller complied with the officers’ orders during his detention, produced identification, and did not make any aggressive moves nor attempt to leave, the officers subjected him to threats, intimidation and insulting comments in response to his verbal objections. Though Miller immediately offered exonerating evidence and continued to offer it throughout his detention, the officers continued to illegally detain and harass him.

When Miller went to the police department to file a misconduct complaint, he was put alone in a room with one of the officers who had just threatened him, and was intimidated into dropping his complaint. Miller later met with the Fairfax police chief and mayor to complain about his mistreatment. The police chief promised disciplinary action against the officers but later would not confirm any action was taken, so Miller filed a formal misconduct complaint. After four months of delay, the police department dismissed the complaint as “unfounded,” claiming the harassment, threats and aggressive behavior Miller was subjected to by police did not happen.

“It’s outrageous that Fairfax has tried to cover up police misconduct, but they’re going to have to answer for lying about this incident,” said Miller. “I’ve sought recourse through every avenue available without any result. At every turn the Town of Fairfax and the police department have tried to intimidate me and prevent me from seeking simple justice.”

Named in the lawsuit are the Town of Fairfax, the Fairfax Police Department, the two Fairfax police officers who detained Miller, and the Fairfax Police Chief. The lawsuit was filed in state court in San Rafael for violation of Miller’s civil rights through assault, false imprisonment, negligence, illegal search and seizure, intentional infliction of emotional distress, and conspiracy to cover up police misconduct. Miller will be representing himself and is requesting a jury trial.

Jeff Miller, 52, is a lifetime Bay Area resident who has been active in the local conservation movement for three decades. Miller is the founder and executive director of the Alameda Creek Alliance, a non-profit conservation group working to restore salmon and steelhead trout to Alameda Creek in the East Bay. Miller is also a conservation advocate with the Center for Biological Diversity, a national endangered species protection organization, where he runs numerous local and national environmental campaigns, works to protect California endangered species, and is a media spokesman on a wide range of conservation issues.