Black journalist was arrested while documenting CA homeless. He’s suing for $21 million
A Black photographer is suing a California police department and city he accuses of violating his civil rights due to his race when he was arrested while documenting a homeless encampment.
Jeremy Portje says his First Amendment rights as a journalist were also violated when Sausalito officers arrested him and seized his photography equipment on Nov. 30.
“(The officers) blatantly conspired to silence and ‘black out’ Mr. Portje’s journalistic coverage,” the lawsuit filed Feb. 18 says.
“We are aware that Jeremy Portje held a press conference during which disturbing allegations were made against the Sausalito Police Department,” Mayor Janelle Kellman said in a statement to McClatchy News. “There has been a review of available evidence in this case and we have found nothing to support any indication that this incident was about race, as alleged in front of the cameras. As we have stated before to the press, Portje was arrested because his camera collided with a police officer’s face, causing the officer to get medical treatment, not because he is a journalist. “
While reportedly filming an ongoing documentary about homelessness in Marin following the eviction of boat owners in Richardson Bay, Portje was involved in a “verbal confrontation” with officers before being arrested, the Marin Independent Journal reported at the time.
A video of Portje being restrained by officers was posted to social media, showing bystanders chanting “do not hurt him.”
“Why are they doing this? Because I asked them questions?” Portje can be heard asking in the video.
One officer received a bruise and face laceration during the confrontation, police said, but the District Attorney declined to file charges against the photojournalist after he was arrested on two misdemeanor counts of suspicion of battery on a peace officer and one felony count of obstructing an executive officer.
“We have shown that we support and respect the right to free speech,” former Mayor Jill Hoffman said at the time, the Independent Journal reported. “What is unacceptable is impeding a police investigation and injuring a member of our department.”
Now, the freelance journalist is suing the city and its police department for $21 million.
According to the lawsuit, Portje arrived at the homeless encampment to film footage of his documentary when he and his subject noticed “screaming and yelling” and police activity nearby.
Richardson Bay has had a long history of “anchor outs,” or rent-free boat dwellers anchored offshore, who had recently been asked to vacate the boats.
“As part of his journalistic coverage of the unfolding events with the anchor outs homeless community and its resulting adverse relationship with the city and the (police) Mr. Portje assembled his camera and tripod in order to record the police’s activity and unfolding events,” the lawsuit said.
Portje, who the lawsuit says has had numerous positive encounters with the officers who would later arrest him, captured video of the activity, and was not told to stop filming, according to the lawsuit.
However, an officer about an hour later approached him in an “aggressive” way, blocked his camera’s lens and “lunged” at Portje, causing the laceration to the officer’s face, the lawsuit said.
The officer then grabbed Portje’s dreadlocks, the lawsuit alleges, and began punching him and yelling, “stop resisting.”
After officers put Portje in a shoulder lock, he was on his knees “firmly subdued,” according to the lawsuit.
“By this time, a crowd from the encampment stood by filming and berating (the officers) for attacking an innocent journalist,” the lawsuit reads.
Portje was arrested, and after experiencing pain in his shoulder, was brought to the hospital. While it was not fractured, the lawsuit says his rotator cuff was “severely injured” during his arrest. He was required to post $15,000 in bail, despite not meeting with a judge.
Despite his equipment and cell phone being seized, the DA’s office said they would not review the footage.
Portje has experienced several negative effects and impacts on his daily life since the incident, the lawsuit said.
“In addition to experiencing severe and unceasing chronic pain in his shoulder, (he) also exhibited symptoms reflective of severe depression including excessive sleep (18 hours per day), lack of appetite, unreasonable fear of police reprisals, apprehension and anxiety spurred on by passing police sirens and police vehicles and an overall depletion of interest and energy in engaging in his journalistic pursuits,” the lawsuit said.
According to Portje, the color of his skin was a “motivating factor” when officers arrested him and confiscated his equipment.
The photojournalist is seeking a total of $21 million in damages from the city and police.
“I want change,” Portje said at his press conference, the Mercury News reported. “I want to ensure the safety of journalism, to protect the sanctity of journalism and the freedom of the press to tell these stories and not allow governments to silence us.”
This story was originally published February 25, 2022 at 3:51 PM with the headline "Black journalist was arrested while documenting CA homeless. He’s suing for $21 million."
