Judges rule Petaluma High School grad can’t bring police brutality suit

A federal appeals court has ruled a Petaluma High School graduate can't sue for police brutality after a Sonoma County Sheriff's deputy threw her to the ground, leaving her face bruised, because she was convicted of resisting the deputy and interfering with his investigation in the encounter.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco on Friday said the deputy, Marcus Holton, did not use excessive force in detaining Gabrielle Lemos since a Sonoma County jury found her and her mother guilty of the misdemeanor crime in a highly publicized case.

Lemos, who was 18 at the time of the 2015 arrest, along with her mother Michelle Lemos, were found to have interfered with Holton while he was investigating what he thought was a possible domestic disturbance at the Lemos family's Liberty Road property near Petaluma.

Holton stopped at the home after seeing a pickup truck blocking traffic out front and hearing screaming, he said. Body camera footage shows Holton opened the passenger door of the truck to talk with the younger Lemos' sister, Karli LaBruzzi. At that point, Lemos stepped up to Holton — placing herself between the deputy and the open car door — and said he was not allowed in the truck.

Holton then requested backup when all three women continued to refuse to comply with his orders, he said.

After the backup arrived, Lemos’ mother told her daughter to go in the house. As Lemos walked past Holton, he told her: “Hey, come here. Hey.” Lemos continued to walk away from Holton. He then ran up behind Lemos, grabbed her, and brought her to the ground.

Ivan Lemelle, a federal district court judge from Louisiana filling in on the three-judge panel, wrote the majority opinion. Lemelle cited a 1994 U.S. Supreme Court decision, which he said prevents someone found guilty of a crime against law enforcement from suing for excessive force over the same incident because success on the complaint would essentially invalidate their conviction.

Lemelle wrote that the jury in Lemos’ criminal case “determined that the arresting deputy acted within the scope of his duties without the use of excessive force,” so she could not go forward with her civil suit. Sandra Ikuta, a federal circuit court judge, agreed, upholding a ruling by U.S. District Judge Yvonne Gonzalez Rogers.

In an “emphatic” dissent, U.S. Circuit Court Judge Marsha Berzon wrote that the jury, in its conviction, did not specifically consider the moment Holton took Lemos to the ground, meaning it should be viewed as a separate incident from when she resisted Holton or interfered with his investigation. For that reason, Berzon said, Lemos should be allowed to bring her case.

She wrote the majority’s opinion is “likely to encourage the very sort of police overreaction to minor criminal behavior that has led to public outcry and calls for reform in recent years.”

Additionally, Berzon noted that Sonoma County prosecutors didn’t file the criminal suit against Lemos and her mother until after she brought the use of force complaint against Holton, former Sheriff Steve Freitas and Sonoma County.

At the sentencing hearing, Holton accused the women of resisting him because he is Black. He also expressed relief that he was wearing the body camera to prove his use of force was justified.

Lemos and her mother were sentenced to 30 days in jail.

The Sheriff’s Office did not respond to inquiries Saturday on whether Holton was still employed by the agency.

Lemos’ attorney, Izaak Schwaiger, said he was “100% sure” that prosecutors brought the criminal case against his client to prevent a civil suit. However, Sonoma County Superior Court Judge Gary Medvigy ruled in 2016 there was no evidence the District Attorney’s Office retaliated against Lemos or her mother.

Schwaiger expects Lemos will seek to appeal the panel’s decision before the full appeals court.

You can reach Staff Writer Ethan Varian at ethan.varian@pressdemocrat.com or 707-521-5412. On Twitter @ethanvarian