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Filing of Claim For Damages
updated: Apr 30, 2014, 3:45 PM

By Law Offices of James P. Segall-Gutierrez

On Friday May 2nd, The Law Offices of James P. Segall-Gutierrez will be filing a second claim for damages for several individuals wrongly / negligently identified as gang members by City of Santa Barbara and Chief Sanchez . We are filing our new claim just days before the trial for the civil gang injunction is set to begin.

First, the direct correlation between our claims and the proposed gang injunction is at the heart of the matter: How the City of Santa Barbara the police department label and identify residents as ‘gang members', what constitutes ‘gang activity', how it is being used in preparation for the trial, as well how these all constitute the alleged ‘gang-caused' public nuisance?

Second, we denounce the ongoing harassment of several of my clients, as well as other residents by the Santa Barbara Police Department and the District Attorney, especially in attempting to force them under duress to plea or self-admit they are ‘gang members'. There has been a violation of residents' rights by publicly displaying and reporting that they are active gang members, when in fact they were no longer or never have been - as was the case with many listed in the Operation Falling Dawn press conference held on November 20, 2013 by Santa Barbara Chief of Police Camerino Sanchez. This has been done in order to develop a false narrative and completely incorrect description of the residents, youth and community environment.

Just days ago, the city reported that it had filed a request to remove 16 of the 30 identified in the gang injunction in return for a promise that those individuals would not sue for attorney's fees and for wrongly / negligently identifying residents as ‘gang members.' This is a clear indicator that the City of Santa Barbara, Santa Barbara Police Department and Police Chief Camerino have indeed falsely and negligently labeled many residents as gang members, perhaps dozens upon dozens of individuals, including my clients.

The second claim for damages we will be filing asserts as did our first claim, that City of Santa Barbara and Chief Sanchez violated my clients' rights. The State causes of action are as follows: slander per se, libel per se, invasion of privacy-false light, negligent infliction of emotional distress, negligence and intentional inflictions of emotional distress. If this matter is not properly resolved, we will be filing the complaint in the Federal Central District Court of California, in Los Angeles.

Related Articles

  • April 29, 2014: More Defendants Dropped from Gang Injunction
  • April 23, 2014: City Council Defends Gang Injunction
  • April 21, 2014: Juvenile Justice Opposes Gang Injunction
  • January 16, 2014: Claim For Damages Against City
  • January 7, 2014: PODER Gang Injunction Rally

     

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