A New Haven man jailed for recording New Haven, Connecticut police arresting three people filed a $500,000 lawsuit suit yesterday against the city and several individual officers for violation of his civil rights.

Luis Luna, a medical interpreter, was jailed in September, 2010 after he came upon police making the arrests, and began recording the incident with his iPhone. At the scene was Assistant Chief Ariel Melendez, who approached Luna, snatched his phone away, and ordered him arrested, according to a report in the New Haven Independent.

Luna’s iPhone was returned when he was released from jail four hours later, but his videos had been erased.

In his court appearance two weeks later, Luna contested the charges of interfering with a police officer. Prosecutors agreed to drop that charge on condition that Luna plead guilty to a charge of “creating a public disturbance,” and pay a $50 fine. Without legal representation to fight the more serious charge, Luna agreed to plead guilty to the lesser charge and pay the fine.

Police internal affairs investigators later issued a report charging the assistant chief who ordered Luna’s arrest and the erasure of the video with “conduct unbecoming an officer.” The investigators said that Luna had acted legally, and that the assistant chief had violated his rights, according to the New Haven Independent.

As a result of the internal affairs report, Luna was able to get his guilty plea for “creating a public disturbance” reversed. Assistant Chief Melendez has since retired, and the New Haven police department also issued a new policy to prevent officers from interfering with the rights of citizen journalists.

In his lawsuit, Luna charged Melendez and the City of New Haven with false arrest, violation of his First Amendment rights, and illegal seizure in violation of his Fourteenth Amendment rights. He is seeking $500,000 in damages and a declaration from the court that it is illegal for the police to arrest anyone for filming them while carrying out their duties in public.

Related:
Department of Justice Warns Police Against Violating Photographers’ Rights
Police Intimidation Watch: Cop Charged with Lying About a Photographer’s Arrest
Police Intimidation Watch: Detroit Police Apologize After Video Shows Them Violating Photographer’s Rights


COMMENTS

MORE POSTS

Danny Clinch Sues for Copyright Infringement of Tupac Shakur Photos

Posted by on Monday June 5, 2017 | Copyright/Legal

Danny Clinch filed suit in federal court in New York June 2, alleging multiple copyright infringements of two of his photographs of late rap artist Tupac Shakur. The photographs were allegedly reprinted and distributed on T-shirts without permission. Clinch, a noted music photographer, names five defendants, including an agent for Shakur’s estate, two merchandise manufacturers,... More

Montana Photographer Sues Republican National Committee for Copyright Infringement

Posted by on Friday May 19, 2017 | Copyright/Legal

Missoula, Montana-based photographer Erika Peterman is suing The Republican National Committee (RNC) for willful copyright infringement. The suit, filed in Montana District Court earlier this week, alleges the RNC used without permission a Peterman photograph of Rob Quist, the Democratic candidate in a special election to fill Montana’s seat in the U.S. House of Representatives.... More

Jury Awards $900K in Marketing Photo Copyright Case

Posted by on Monday May 15, 2017 | Copyright/Legal

A federal jury in Maryland has awarded $900,000 in actual damages to an Oregon-based plant retailer for its claims against a competitor over unauthorized use of two dozen copyrighted images. The jury verdict, delivered last week, also included a $300,000 statutory damages award, but the plaintiff may elect one jury award or the other (not... More