by Thomas MacMillan
It’s one of two lawsuits his attorneys plan to file, both featuring cops, cameras, and internal affairs probes that found supervising officers at fault.
Luna (pictured) announced his lawsuit Wednesday afternoon on the steps of the federal courthouse on Church Street, the latest step in a saga that led to the rebuke of an assistant chief, a new police policy, and statewide debate on citizens’ rights.
With the help of attorneys Diane Polan and Max Simmons, Luna is suing the city, the police department, former Police Chief Frank Limon, former Assistant Police Chief Ariel Melendez and other cops. Luna claims the cops falsely arrested him, illegally seized his property, and violated his First Amendment rights when they arrested him and confiscated his iPhone on Sept. 25, 2010, a story first reported by the Independent.
Attorney Polan announced that she’s also planning to sue the city on behalf of Jennifer Gondola, a woman who, like Luna, was arrested while filming cops. In both cases, internal police probes found cops at fault.
Gondola was arrested while capturing footage that drew the attention of the FBI, showing a man’s neck being stepped on by police during an arrest. The case against Gondola was dismissed. The sergeant who arrested her and stepped on the man’s neck was suspended for 15 days following an internal affairs probe.
Asked Tuesday afternoon about Luna’s suit, city Corporation Counsel Victor Bolden responded: “The city will review the lawsuit and respond accordingly at the appropriate time.”
“We have to pay attention to this,” said Luna, a 29-year-old medical interpreter who lives in Wallingford. He said the case has “big repercussions not only in New Haven but on a national level.”
Polan noted that Melendez, who retired from the force with several complaints pending against him, collects a pension of over $120,000 per year.
Polan said Luna is asking for punitive damages of $500,000, plus a declaratory judgment that it is unlawful to arrest people filming cops. The New Haven police department is not training its cops to follow the law, Polan said.
“We have the right as citizens to record police because they are public servants,” Luna said.
Early in the morning of Sept. 25, 2010, Luna was riding his bike on Crown Street when he came across some cops arresting three people near the corner of College Street. Luna pulled out his iPhone and began filming the action.
It is not illegal to record police action in public places, as long as the photographer does not interfere with cops.