SACRAMENTO -- Two people claim to have been wrongfully arrested by officers who used excessive force, which caused them suffering.
Stephanie Tejada-Otero and Lloyd Bernard filed a complaint on July 6 in the U.S. District Court for the Eastern District of California against the City of Tracy, Fabiola Hernandez, an officer, Yordan Coss, an officer, and Does 1-20.
According to the complaint, Tejada-Otero waited with her purchases to use the self-service checkout counter at a Walmart, while Bernhard left to go to a different part of the store and they agreed to met back up when he was finished.
After Bernhard left, an unknown male riding a electronic grocery cart with store items in his basket pushed in front of Tejada-Otero in the line, she says. Tejada-Otero confronted him, at which time he called per profanities, and she then followed him until he pushed carts into her then took off with the stolen goods, the suit says.
Tejada-Otero and Bernhard waited for police to arrive. Coss was first on the scene and took a statement from Tejada-Otero, then said he would return, she says. Hernandez allegedly came into the store and began questioning Tejada-Otero, and Tejada-Otero alleges Hernandez had an attitude.
Hernandez allegedly grabbed Tejada-Otero’s sweater and reached for her neck. Bernhard interceded, placing himself between Tejada-Otero and Hernandez with his arms outstretched, the suit says.
Coss then body-slammed Tejada-Otero to the floor, the suit says, and she landed on her stomach. Coss cuffed her, then put Bernhard up against the wall and cuffed him, the suit says. Tejada-Otero and Bernhard allege that they were wrongfully arrested and the police used unnecessary force.
Tejada-Otero and Bernhard seek compensatory damages, punitive damages, attorney's fees and cost of suit. Tejada-Otero and Bernhard are represented by David J. Beavais.
U.S. District Court Eastern District 2:21-cv-01190-MCE-CKD