Facts

On June 30, 2019, Taryn Saldivar, a nonbinary person who uses they/them pronouns, was attending the annual San Francisco Pride Parade. During the parade, a small group seeking to protest corporate and police involvement broke through barriers along the route and blocked the street, halting the parade. The protesters had pipes painted in rainbow colors covering their interlocked arms, and they occupied the street for almost an hour. During this time, the protestors negotiated with parade organizers and police. While the protest was happening, Saldivar was leading other onlookers in anti-police chants from the sidelines. Suddenly, Lieutenant John Burke of the San Francisco Police Department approached Saldivar and shoved them to the ground. While Saldivar was on the ground, other officers began to violently arrest them; one officer yanked and broke the cane Saldivar used to walk; another officer twisted and fractured Saldivar's wrist; and another partially dislocated Saldivar's left hip with a leg lock. Saldivar also sustained a concussion and their glasses were damaged during the arrest.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that their arrest was retaliation for their anti-police chanting during the protest in violation of their First Amendment rights; that police used excessive force in effecting the arrest in violation of their Fourth Amendment rights; that police committed false arrest and imprisonment; and that police were negligent in carrying out the arrest.

DEFENDANT'S CONTENTIONS: Defendants contended that Saldivar interfered with the parade route, resisted arrest, and committed battery of a peace officer.

Result

The case was settled with the City of San Francisco agreeing to pay Saldivar $190,000.