top
Police State
Police State
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Federal Civil Rights Lawsuit Filed Against SFPD

by ----
The family of Idriss Stelley have filed a federal civil rights lawsuit against the San Francisco Police Department. Nine SFPD officers shot Idriss over 20 times, killing him.
<strong>Mother of Young Man Killed by SFPD Files Civil Rights Lawsuit<br>
Lawsuit to be Filed Today in Federal Court Against SFPD for Metreon Shooting</strong>
<br><br>
San Francisco - The mother of Idriss Stelley, the young man killed by San Francisco Police Officers at the Metreon Theater, will file a Federal Civil Rights Lawsuit today, Tuesday January 29th. The lawsuit names nine SFPD officers and alleges that the more than 20 shots fired at Idriss Stelley were unjustified. The lawsuit comes on the heals of a resolution unanimously passed by the San Francisco Supervisors calling for psychiatric crisis intervention training for all SFPD officers.
<br><br>
Stelley, an African-American 4.0 college student, was suffering from a psychiatric crisis when SFPD officers shot him more than 20 times. The police were called by Summer Galbreath, Stelley¹s fiancé, who asked for a 5150 ­ the police code for emergency response in the case of a psychiatric crisis. None of the officers involved had received crisis intervention training.
<br><br>
Ms. Galbreath and Stelley¹s mother, Mesha Monge-Irizarry will be available for comment and in-person interviews regarding the filing of the lawsuit. The family¹s attorney, Andrew Schwartz, a prominent police misconduct litigator and Bay Area PoliceWatch lawyer referral panel member will be available for comment from his offices in Walnut Creek.
<br><br>
"The use of force by the SFPD was unjustified. The officers involved had no business firing their weapons and the city must be held liable for it's employees misconduct." said Andrew Schwartz, the family's attorney.
<br><br>
"The SFPD has been hiding for nearly 8 months behind closed doors that should have been wide open to this family. We are calling on the new city attorney, Dan Herrera, a former police commissioner, to do the right thing and acknowledge the blatant misconduct in this case and settle it out of court." said Monge-Irizarry.
<br><br>
Bay Area PoliceWatch, a local watchdog group working with the family, has expressed concern about the Police Department's continued withholding of information from the family. Since her son¹s death, despite persistent requests, Ms. Monge-Irizarry has yet to receive her son's personal belongings or the names of the four civilian witnesses known to be present during the shooting.
<br><br>
"We hope that the filing of this lawsuit will force the San Francisco Police Department to finally release such basic information as the names of the civilian witnesses," said Samantha Liapes, Bay Area PoliceWatch Director. "It is a travesty of justice and a shame on the San Francisco Police Department that the family has to rely on litigation to access to the truth about what really happened that night."
<br><br>
For more information, contact:<br>
Samantha Liapes, Director, Bay Area PoliceWatch (415) 317-3486
by ashamed of my city
SFPD has had AMPLE time to be forthright and forthcoming to Ms. Monge-Irizarry and to the community at large. Now it's time for them to pay thru the nose! A lawsuit may have been inevitable in this case, but it is utterly shameful that such a Civil Rights lawsuit seeking the most basic human rights would be filed in this city today. I hope all of us (perhaps even the corporate media this time) will give Idriss' family and friends the support they need and deserve in this struggle - our struggle.
by Martin Albert Schaaf, M.S.
"...asked for a 5150 ­ the police code for emergency response in the case of a psychiatric crisis."

Actually, that is Civil Code section 5150 that allows for the _discretionary_ (not manditory) civil committment of people for three days against their will.

As taught to therapists by the County of Santa Clara, to be "5150'd" one has to:

1. Have a mental disorder, and

a. be a danger to oneself or others _as_a_result_of_the_disorder, or

b. be "gravely disabled." (ie. unable to provide food, water, clothes, housing, medical treatment, etc.)

As a mental health professional I have watched police try to 5150 someone for "talking to himself ehile walking down a dry creekbed" or actually 5150 someone because "the neighbors are complaining that he's talking to himself" (inside his house, wearing clothes, with a refrigerator full of food and medications on the bathroom sink).

We should be ashamed of how we abuse Section 5150!
by uwe
In Oakland they take people away on 5150 who are often perfectly sane, yet are expressing themselves angrily, and are poor or african american. That's not uncommon at all. The facility where they take them luckily has such a revolving door that even people with severe mental health situations are released within a few hours. It amounts to an intimidation tactic. Do any social workers or psychologists here have anything to add?
by Mesha Irizarry (meshairiarry [at] hotmail.com)
Just want to make it clear that "settling out of court" by no means amounts to seeking financial retribution. Our family has made it clear on numerous occasions that any proceedings from this law suit will be donated to support Bay Area Police Watch and October 22 Bay Area Chapter against Police Brutality, who have relentlessly helped us to alert public opinion and rally support towards reforms within SFPD.
Owe, I totally agree. At last week national convention of Oct 22 in Greensboro, I met an overwhelming number of grieving families, 92% African Americans to be precise, most from poor, suburban areas in the US. Look at the faces of people slaughtered by Law Enforcement in "Stolen Lives". 90%. No further comments on the criminilization of a generation.
Mesha, Idriss Stelley's mother.
by horacio
I have gone to all the protests for Idriss and until there is justice we cannot rest. There should be a co-ordinated campaign against the police here which is intesified, could that happne?
by Dennis Garrido (oodboyoo [at] aol.com)
In Jan 2000 i was on my way to a club on harrison street. I was in a back alley and I went pee on the wall. It just so happened that a cop car was passing by. The cop shined his light on me and asked what I as doing, I responded "I took a leak. After that 2 cops got out of the car and issued me a $50 dollar ticket. Since i was in a back alley I just stated my opinion i dont think i should have to pay 50 dollars for this. then a couple of things were said, not even using profanity, then the next thing you know the cop is trying to grab me so I turn around to the oncoming cars and call for help. That was the last thing I remember before waking up in a puddle of my own blood with cuts all over my face, both ears severly swolen, and massive bruises all over my face and head area. When I regained conciousnous there were 8 police men surrounding me an ambulance along with a ticket issued to me that stated i assaulted a police officer and resisted arrest which wasnt true. So not only was this police man (David Maron of the sf pd) abusing my physical rights he also created a situation where i was being charged with some serious offenses i didnt even do. I spent 5000 on a lawyer which was a real waste of money just to protect myself. so my lawyer goes to the sf DAs office and the deal came out to be that if i didnt press charges they would pretend the case of assault and resisting arrest was lost in the DAs words "slipped through the cracks" So in reality i get my head beat in, I couldnt eat solid food for 2 weeks because my jaw was so fucked up, it even hurts sometimes when i eat to this day. And i loose 5000 dollars of money towards my college all because a horny Dirty Cop shoved a baton up my ass and lied about it. So my comment to this story is I hope you fry those dirty cop bastards in San Francisco.
by Dennis Garrido (oodboyoo [at] aol.com)
In Jan 2000 i was on my way to a club on harrison street. I was in a back alley and I went pee on the wall. It just so happened that a cop car was passing by. The cop shined his light on me and asked what I as doing, I responded "I took a leak. After that 2 cops got out of the car and issued me a $50 dollar ticket. Since i was in a back alley I just stated my opinion i dont think i should have to pay 50 dollars for this. then a couple of things were said, not even using profanity, then the next thing you know the cop is trying to grab me so I turn around to the oncoming cars and call for help. That was the last thing I remember before waking up in a puddle of my own blood with cuts all over my face, both ears severly swolen, and massive bruises all over my face and head area. When I regained conciousnous there were 8 police men surrounding me an ambulance along with a ticket issued to me that stated i assaulted a police officer and resisted arrest which wasnt true. So not only was this police man (David Maron of the sf pd) abusing my physical rights he also created a situation where i was being charged with some serious offenses i didnt even do. I spent 5000 on a lawyer which was a real waste of money just to protect myself. so my lawyer goes to the sf DAs office and the deal came out to be that if i didnt press charges they would pretend the case of assault and resisting arrest was lost in the DAs words "slipped through the cracks" So in reality i get my head beat in, I couldnt eat solid food for 2 weeks because my jaw was so fucked up, it even hurts sometimes when i eat to this day. And i loose 5000 dollars of money towards my college all because a horny Dirty Cop shoved a baton up my ass and lied about it. So my comment to this story is I hope you fry those dirty cop bastards in San Francisco.
by Victor R. RIce (Koolvchilln [at] aol.com)
On 15 May 2002, I was the Victim of police brutality in my own home. My adult daughter who was on Meth cause a violent disturbence for the 5-6 time and I had to restrain her. I am a VeitNam Era Veteran US Army retired and former Platoon SGT. I can Identify drug use and acting accordingly! I had her put in counceling which she quit and Kaiser Hayward said she was an adult I could not force her to go. She called the police on me to retliate and my life has been hell since. I was on Permanet Disability Retirement after 32 years of federal service, 10 years overseas highly decorated. The Police entered without my knowledge and choked and beat me cuffed my hand behind my back and threw me in the street in front of my house. This resulted in a broken wrist, fracture ribs, internal bleeding, and a Lesion in my already injured spine. I did not resist or assault my daughter. I was put in anut house on a 5150 with no history of Mental Illness and after charging the Hayward police with brutality I was charged by the Hayward DA with Assaulting my daughter and resisting arrest. The DA and Superior Court Judge Reginald Sanders subjected me and my family to balntant unfair pretrial which resulted in my being locked up in Santa Rita, $2500 in bail, and forced to hire a lawyer just to plead $7,500, in violation of my right to Pro Se. These Law Firm did absolutely nothing and told me to do whatever the Judge orders. Then they quit! I am facing being rejailed by this racist Judge out of money to feed my three children and unable to afford the Psychatric treatment he has ordered. Kaiser psycatrist i was forced to see came up with a bullshit diagnosis in minutes of 2 times I had to see her for parenting BS ( my youngest is 17) My intire family has suffered and nothing has happen to my oldest who continues to be violent and distructive. I am at the mercy of the court just to shield the two corupt cops and obstruct justice no lawyer will help me sue for damages!
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$330.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network