SAN FRANCISCO -- Two women have brought suit against the City and County of San Francisco for a complaint of a violation of civil rights.
Crystal Gomez and Martha Gomez filed a complaint in the U.S. District Court for the Northern District of California against the City and County of San Francisco, Nikon Dandridge, Maria Foster-Cazem, Helga Zimmerer, Joe Chang, Officer Tuvera, Sergeant Barry, Officer Escobar, Officer Pubill and Does 1-20 for violation of civil rights.
According to the complaint, on August 3, 2004, Defendants had Martha (then age 3) and Crystal (then age 19 months) unlawfully removed from their mother.
San Francisco Police Officers Tuvera and Chang came to the house after reports of the girls' older brother, then 5, throwing things out of a third-story window, which prompted them to call CPS because the girls were partially dressed with chocolate stains on their clothes and the house was in disarray, the suit says.
Neither of the girls had bruises or injuries, the house was not on fire, no one was bleeding and the children were not malnourished or in danger in any way, yet CPS decided to take them without a warrant or reasonable cause, the plaintiffs claim.
In unlawfully removing Plaintiffs without a warrant from the care of their mother when they were not in imminent risk of serious bodily injury, or in need of medical care, or otherwise requiring protection, Defendants violated both federal and state law, and did so in a punitive and malicious fashion with reckless disregard for the rights of Plaintiffs, the suit says.
Plaintiffs' seek $2 million each, punitive damages, attorney's fees and cost of suit. Plaintiffs are represented by Dennis R. Ingols.
U.S. District Court Northern District of California case number 3:21-cv-05394-JCS