Sacramento police use of spit mask on 12-year-old boy prompts lawsuit against officers

Sacramento police are being sued over the detention last year of a 12-year-old African American boy who had a bag placed over his head after he allegedly spit at an officer.

The lawsuit, filed Wednesday in federal court in Sacramento, identifies the boy as “I.B.” and alleges he was the victim of excessive force, false arrest, battery and other violations of his rights when he was stopped April 28, 2019, near Del Paso Boulevard and El Camino Avenue in North Sacramento.

At the time, the boy was running from a private security guard and had been stopped by a Wienerschnitzel fast food worker when police arrived. Police have said the boy then spit at an officer’s face multiple times, prompting them to place a mesh spit mask over his face while bystanders recorded video.

Video of the incident was posted on the Sacramento Black Lives Matter Facebook page and sparked outrage after going viral.

“Yeah, I spit on you all,” the boy is seen saying in one video as an officer wipes her cheek. “How do you like that s---?”

The police department pushed back hard at the time against claims that officers overreacted.

The department released body cam footage of the incident and Chief Daniel Hahn released a statement saying the officers “involved in this incident appropriately used a spit mask to protect themselves and defuse the situation.” Critics say the devices are dehumanizing, especially when used on children, and should be banned.

The practice of using spit masks is still use, the department said Wednesday, which also said it does not comment on pending litigation.

The suit, filed by prominent Woodland Hills attorney Dale Galipo, also names the security company and Wienerschnitzel owner and was filed on behalf of the boy and his mother.

This story was originally published April 22, 2020 at 3:26 PM.