After $572,500 settlement, Palo Alto police gets hit with another excessive force claim

Just days after Palo Alto reached the largest settlement in recent city history on an allegation of excessive force used by its police officers, another resident filed a similar claim against the city.

In a civil tort claim delivered to the city on Nov. 15 and obtained by this new organization this week, Julio Arevalo alleges that his civil rights were violated by multiple Palo Alto police officers when he was unlawfully stopped on July 10.

Specifically, Arevalo claims that Palo Alto Agent Thomas DeStefano — who has been named in the three most recent excessive force suits filed against the city — attacked and falsely arrested him, denied him proper medical care and wrote inaccurate and false information in his police report, the claim states.

According to a public police log, officers confronted Arevalo at 2 a.m. on July 10 near 3916 El Camino Real in Palo Alto for allegedly being under the influence of drugs. Officers arrested him for allegedly violating his probation, resisting arrest and battering a police officer.

Arevalo’s attorney, Cody Salfen, said that officers detained his client before confirming he was even on probation. And while arresting Arevalo, officers slammed him on the ground, broke an orbital bone around one of his eyes and gave him a concussion, according to Salfen.

Despite Arevalo’s serious injuries, Salfen said officers took his client to the police station before taking him to the hospital for medical attention. Arevalo was released from custody later that day and has not yet faced charges relating to the July 10 incident, according to Salfen.

Arevalo has a lengthy criminal history including charges for unlawful possession of drug paraphernalia, driving under the influence and driving on a suspended license. He was convicted of harassment earlier this year and charged with misdemeanor domestic violence battery in 2017.

The claim states that Arevalo continues to suffer mental, emotional and physical injuries and estimates the damages are worth up to $3.8 million.

The city declined to speak with a reporter on Tuesday about the incident, saying that they are still investigating the claim.

DeStefano, who is still employed with the city’s police department, has a history of allegedly using excessive force during arrests.

In 2014, DeStefano was named in a federal lawsuit as one of the police officers who unlawfully arrested a Los Altos man during a traffic stop, broke his arm and deprived him of medical care. Two years later, the city agreed to pay the man $250,000 to settle the suit.

DeStefano also was named in the most recent excessive force suit filed by a Palo Alto resident earlier this year and tentatively settled by the city for $572,500 on Nov. 11.

The federal civil rights lawsuit, filed on behalf of Palo Alto resident Gustavo Alvarez, alleged that in February 2018 multiple officers, including DeStefano, kicked down Alvarez’s front door, dragged him out of his house, slammed his head against a car windshield and arrested him for driving with a suspended license without probable cause because he was gay.

In a statement earlier this month, the city and police department said they “sharply dispute the vast majority of Mr. Alvarez’ claims” but decided to settle the suit to “minimize the burden and expense of federal litigation.”

Salfen, the attorney who also represented Alvarez, said that Destefano should never have been on duty during Arevalo’s alleged assault on July 10.

“The fact that Julio Arevalo’s life is permanently changed as the result of an officer who had no business being a police officer is very telling that this is not just about this cop being a bad apple,” Salfen said. “This is about an agency that tolerates and encourages civil rights violations and excessive force and rewards individuals who are clearly established as being dishonest.”

More than 20 months after the alleged assault of Alvarez occurred and nearly eight months after the city received a copy of the surveillance video footage captured outside of Alvarez’s home, the city says it is still conducting an internal investigation of the incident and has yet to send the Santa Clara County District Attorney’s Office a copy of its investigative report.

The city has two independent police auditors who review and assess any internal investigations conducted by the police department and produce biannual reports of their findings. So far this year, the auditors have not presented any reports, stating they are “awaiting further guidance from the city.”

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