Suit says arrests of protesters against police shooting were illegal

A class of individuals who were arrested protesting the Sacramento district attorney's decision not to charge the two police officers who shot an unarmed black man are suing the city and its peace officers.

In an interview Friday, plaintiffs' attorney Mark E. Merin said the 84 arrests were unlawful and in retaliation for protesters wanting to see a police officer prosecuted.

"It was a corrupt action that we're hoping to expose through discovery," Merin said. "We're hoping it will lead to a change in policy that governs these agencies."

The March 4 demonstration occurred two days after Sacramento County District Attorney Anne Marie Schubert announced she would not be pursuing charges against Officers Terrance Mercadal and Jared Robinet, who shot Stephon Clark, 22, a year before. The shooting resulted in a number of Black Lives Matter protests in the state capital with members of the national movement organizing a march down Interstate 5 in the days following the incident.

In deciding against criminal charges, Schubert told reporters in March the officers "had an honest and reasonable belief that they were in imminent danger of death or great bodily injury,"

Schubert added, "Was a crime committed? There is no question that a human being died, but when we look at the facts and the law, the answer to that question is no."

The federal complaint, filed Thursday, focuses on the March 4 protest held in what Merin described as an affluent, white neighborhood, which he said contributed to the increase in police presence. The lawsuit accuses Sacramento police of "declaring a peaceful demonstration an 'unlawful assembly,'" so they make could illegal arrests. The complaint also alleges use of force -- specifically an unnecessary tightening of zip ties used for restraint -- and "denying demonstrators access to restroom facilities for an unreasonable amount of time." Coburn v. City of Sacramento, 19-cv-00888 (E.D. Cal., filed May 16, 2019).

The complaint also hints at a conspiracy as it alleges the protesters were corralled into an area with no outlet to disperse as they were being told to do.

The district attorney did not file charges against any of the arrestees, which Merin said bodes well for his contention these were false arrests.

"One of the purposes of this lawsuit is to find out how a massive violation of civil rights can occur in a city with the coordination of three agencies without anyone taking responsibility," Merin said, referring to city officials and the police and sheriff's departments. "These folks were political activists, and they were speaking out against two decisions: The decision to kill Stephon Clark and the political decision not to take any action afterward."

The Sacramento Police Department deferred comment to City Attorney Susana A. Wood, who responded, "the city remains committed to keeping its residents and communities safe and allowing people to assemble peacefully and express their First Amendment rights."

In an email Friday, Chief Deputy District Attorney Stephen J. Grippi said the office would not comment on the complaint, citing the "long-standing practice of the District Attorney's Office to refrain from comment on pending litigation." As for the decision not to prosecute the officers in March, the office referred to the published findings of its investigation on its website.