Tianna Arata, 2 other SLO protesters prepare to file civil rights lawsuits over arrests
The court cases surrounding local Black Lives Matter protests continue to balloon after three San Luis Obispo activists filed paperwork to take the city and county to federal court over what they call false arrests and “malicious and unconstitutionally discriminatory” prosecution.
One of the three accuses the county of covering up an attempted murder after he was charged with a felony for smashing the back windshield of a car that had slammed into another protester. The driver of the vehicle is listed as a victim in the criminal case.
Administrative tort claims typically precede the filing of civil lawsuits. Once a government agency rejects the claim, civil actions can be filed in the appropriate court.
Claims filed by Tianna Arata, Sam Grocott and Robert Lastra Jan. 20-21 against San Luis Obispo County and the city of San Luis Obispo allege that their civil rights have been violated in the county’s prosecution over a July 21, 2020, protest in San Luis Obispo in which demonstrators marched onto Highway 101 and blocked traffic for less than an hour.
Arata, 21, has pleaded not guilty to 13 misdemeanor counts including false imprisonment, obstructing a public thoroughfare, and resisting arrest.
Arata could file federal civil rights lawsuit
In her claim against the county, Arata alleges her state and federal civil rights were violated by the “malicious” criminal prosecution, which Arata says is “based on bias and racial discrimination in the DA’s Office.”
The filing says that Arata “has received death threats, loss of income, had her name defamed in the public, had to essentially hide and end her day-to-day existence based on the reckless, unlawful prosecution” by San Luis Obispo County.
Arata says she is seeking damages in excess of $10,000. Her local attorney, Patrick Fisher, said Monday that, should the county reject the claim, Arata will likely seek to file a civil rights lawsuit in federal court.
Grocott, who is charged with three misdemeanor counts of false imprisonment despite being struck by the silver BMW on Highway 101 and ending up on its hood, said in his claim that the District Attorney’s Office has prosecuted him in an unlawful manner, resulting in defamation and loss of income.
The man accused of smashing the back windshield of the sedan, Robert Lastra, is facing a felony vandalism charge. He wrote in his claim that SLOPD and the CHP “falsified police reports and public statements to vilify Black Lives Matter protesters” to “cover up an attempted murder of said protesters by known/IDed driver of BMW.”
San Luis Obispo County Counsel Rita Neal said Monday that those claims will be rejected.
The three also filed similar claims with the city based on the actions of city police officers and former police Chief Deanna Cantrell.
San Luis Obispo City Attorney Christine Dietrick said via email Tuesday that Grocott and Lastra’s claims will be rejected, as their cases resulted from incidents that occurred on a highway, outside the city’s jurisdiction.
But Dietrick said the city is keeping an open mind about coming to a positive resolution to Arata’s claim. Arata was arrested by city police officers at Mitchell Park after the July 21 protest.
“While the city does not agree with the legal assertions presented in Ms. Arata’s claim, and is confident that the claim could be successfully defended, we are evaluating the claim and will keep lines of communication open in the hopes of moving our community forward toward more constructive outcomes rather than divisive litigation,” Dietrick wrote Tuesday.
The criminal cases against Arata and others remain stalled after Superior Court Judge Matthew Guerrero disqualified the San Luis Obispo County District Attorney’s Office from prosecuting the case due primarily to a “clear conflict” resulting from a fundraising email for the re-election campaign of District Attorney Dan Dow.
The email was sent within days of the first charges being filed and appeared to reference the case when seeking campaign donations.
Both the District Attorney’s Office and the state Attorney General’s Office have appealed that ruling.
The case is now awaiting review by the state appellate court.
Update: This article has been updated to include Christine Dietrick’s comments and the fact that Grocott and Lastra also filed claims with the city of San Luis Obispo.
This story was originally published February 1, 2021 at 1:59 PM.
