Civil rights attorney files claim after San Francisco woman arrested for jaywalking
The attorneys of a 34-year-old mother who was pinned against a wall and arrested for alleged jaywalking and resisting arrest filed a claim on Monday with the city of San Francisco.
If the city denies the claim that San Francisco police officers used excessive force when arresting Christina Porter on July 29, a lawsuit is the next step, said civil rights attorney Treva R. Stewart of Oakland-based firm Pointer & Buelna, Lawyers for the People.
A combination of business surveillance footage and cell phone video captured by bystanders showed details of the arrest.
First, Porter, a Black woman, is seen walking in the crosswalk near Geary Boulevard and Second Avenue, when about halfway across, a police vehicle approaches, and Porter throws up her hands.
Stewart said this was because the officer honked at her.
"When (Porter) entered the crosswalk, there was still time on the pedestrian meter, so she had the right-of-way," said Stewart. "So she's halfway across the street, she hears somebody honk, and she's just like, 'What?'"
Stewart further highlighted the fact that bystanders later asked whether it was routine to stop citizens for jaywalking, and arresting Officer Josh McFall told them yes.
"That's not a correct statement of the law," Stewart continued. "Unless there is an immediate threat of a collision between the person and a vehicle, it basically says that the officer should not issue a citation for that, because it's an infraction. And the police department has its own general order, which essentially says you can't use jaywalking as a pretext for other reasons that you may want to investigate a person."
Porter alleged that McFall had been asking her "concerning" questions about where she was going, who she was going to see and why she was going there, Stewart said.
After she crossed the crosswalk, the surveillance video shows Porter walking onward with headphones on, and the patrol vehicle then pulls into the wheelchair ramp on the sidewalk. At that point, Stewart said Porter was not aware that the car was behind her. The police vehicle then drives into oncoming traffic on the one-way Geary Avenue, and McFall exits the vehicle, stepping into her path.
Porter appears to jump and then steps backward before the two appear to be speaking, as seen on the soundless surveillance footage. When she tries to walk around McFall, he pins her to the wall of a building.
That's when bystanders took out their phones to record footage of Porter screaming as McFall repeatedly says, "Stop resisting," and Porter yells, "Get off of me. I'm not resisting. Give me my phone."
Stewart said her client was terrified to get on the ground, fearful that he would shoot her and upset by the physical interaction as she is a survivor of domestic violence.
Following the sound of sirens, three additional officers appear on-scene to help handcuff Porter as she continues to yell, "That makes no sense!"
Witnesses in the background of the cell phone videos can be heard saying they saw Porter in the middle of the crosswalk when the light changed. Some of the bystanders then begin shouting at the arresting officers.
In conversation with the bystanders, McFall is recorded saying that Porter refused to comply despite the chances she was given, and when she began to walk away from him, he had no choice but to make the arrest. He explained that he used the approach of driving the wrong way down Geary and getting in front of Porter in case she couldn't hear or see him.
"It was simply a pedestrian stop," McFall said. "She refused all commands to stop, refused commands to give me her ID, refused commands to keep her hands out of her pockets and her purse, where she had--I don't know what. She could have had weapons concealed there."
After the arrest, officers took Porter to the police substation in the Richmond District, wrote her a citation and released her.
Civil rights trial attorney Lateef Gray, also of Pointer & Buelna and representing Porter, called the event a clear case of excessive force and an unreasonable detention.
"We demand a thorough investigation and accountability for the excessive and disproportionate response by the SFPD," Gray stated.
A press release from Porter's attorneys stated that she suffered a separated right shoulder and ongoing physical pain and mental distress following the incident.
Due to her injuries, Stewart said the claim, if approved, will cost the city over the $25,000 threshold, but they will wait until she is fully assessed to provide a specific number.
The San Francisco Police Department's media office did not return requests for comment.
