Lawsuit claims Sacramento police used drones to target, harass racial justice protesters

A group of racial justice protesters is suing Sacramento police, alleging they have been brutalized by officers during protests, followed by police and tracked to their homes by unmanned aerial police drones conducting surveillance.

The lawsuit, filed by the Lawyers Committee for Civil Rights of the San Francisco Bay Area, adds five plaintiffs to a similar suit filed in December by Sacramento activist Meg White.

But the latest lawsuit contains new allegations that police have intentionally harassed peaceful protesters, tried to search one protester’s home and used police drones to follow them for hours at a time.

“The Sacramento Police Department’s policies and practices are discriminatory, racist, and inhumane,” the 74-page lawsuit says. “They violate the First Amendment’s protection of freedom of speech, the Fourth Amendment’s proscription of excessive force, the Fourteenth Amendment’s promise of equal protection, and protections secured by the California Constitution and other state laws.”

A Sacramento police spokesman declined to comment Monday on pending litigation, and directed an inquiry about police drones to the department’s policy on drone use that prohibits “random surveillance on citizens” or the use of drones “to harass, intimidate or discriminate against any individual or group.”

One of the plaintiffs, 29-year-old Odette Zapata of Sacramento, says in the suit that police began to conduct surveillance on her because of her participation in protests, and that a neighbor told her that in May 2021 that police had tied to enter her home.

“Police Department officers told her neighbor that someone from the house had made a 911 call, but no one was home at the time,” the suit says. “Ms. Zapata had recently provided space for racial justice protesters to meet in her home and believes the Police Department officers visited her home to intimidate her.”

Zapata also alleges police used drones to try to intimidate her.

“Ms. Zapata has also been a target of heavy aerial surveillance facilitated by aircrafts and unmanned aerial vehicles (or drones),” the lawsuit says. “She began to notice them after her participation in the George Floyd uprisings, and has noticed their increased presence after participating in the counter-demonstrations.

“Her family members and friends have seen the drones hovering after her for hours, creating intense fear and feelings of paranoia. On September 4, 2021, in or near Natomas, California, Ms. Zapata borrowed a drone from a friend to obtain a closer view of one of the drones that has followed her. Within minutes, the Police Department approached near her in a police vehicle.”

She also claims police have followed her in vehicles without cause, and that “because of the surveillance, Ms. Zapata feels that she, her friends, and her family are unsafe.”

“The surveillance substantially decreased Ms. Zapata’s protest activity and has caused her to feel that she had to stop protesting altogether,” the suit says.

Another plaintiff, Jeronimo Aguilar, 29, of Winters, is described in the suit as a member of the Brown Berets, a “pro-Chicano organization known for their actions against police brutality and other racial justice initiatives” whose activities have been hindered by police interference.

“Sacramento Police Department officers targeted Mr. Aguilar, surveilled him, and illegally raided his home, causing Mr. Aguilar to stop participating in protests,” the suit says.

Following the police killing slaying of George Floyd in Minneapolis, Aguilar took part in a May 29, 2020, protest in Sacramento that devolved into violence on an overpass above Highway 99 late that night, and was struck with a beanbag projectile and pepper ball round fired by officers, the suit says.

“Mr. Aguilar also suffered and continues to endure psychological trauma as well,” the lawsuit says. “Because of the Police Department’s actions, he significantly decreased his participation in protests in Sacramento.”

Plaintiff Loren Wayne Kidd, 34, of Elk Grove makes similar allegations, with the lawsuit saying he was hit during protests with projectiles fired by police and lost hearing in one ear for weeks. He also contends he was shoved against a car by a baton-wielding officer who caused him to suffer a dislocated shoulder.

Kidd also claims police took no action as white supremacist counter-protesters beat him.

Two other plaintiffs — Lyric Nash, 21, of West Sacramento and Nicolette Jones, 34, of Sacramento — make similar claims about police response to various protests that erupted in and around Sacramento following George Floyd’s slaying and the 2020 presidential election.

The lawsuit, which combines the five new plaintiffs’ allegations with the claims Meg White made in her December lawsuit, also alleges that police have routinely acted against racial justice protesters while giving right-wing groups like the Proud Boys free rein to act out against protesters.

“The Police Department has engaged in a pattern of unlawful conduct from May 2020 to present,” the lawsuit says. “It deployed brutal, excessive force against Plaintiffs and witnesses, including impact munitions, chemical weapons, batons, and harassment when they were expressing protected speech protesting police brutality and the racist institutions that safeguard it.

“Plaintiffs and witnesses also consistently experienced disparate treatment. The Police Department permitted white supremacist groups to pass freely through police lines or barricades, but significantly limited the movement of racial justice protesters. The Police Department threatened Plaintiffs and witnesses with arrest and force, while permitting white supremacist groups to openly carry weapons such as knives and bear mace with no consequences.

“The Police Department passively observed violent attacks by white supremacist groups, but then arrested the victims or did nothing at all.”