San José Poised to Agree to $350K Settlement in Excessive Force Case

A woman who was kicked and dragged in front of her family by a San José police officer in 2020 is set to receive a $350,000 payout from the city.

The San José City Council will consider final approval of the settlement with resident Guadalupe Marin at its June 11 meeting, nearly three years after Marin sued the city over the incident.

The incident garnered significant attention in the immediate aftermath when a passerby posted a cell phone video of the violent encounter that was shared widely.

Marin’s attorney, Sarah Marinho, described in a complaint filed in 2021 how Marin, her sister and her sister’s young children drove together to a McDonald’s on East Santa Clara Street just a few blocks from their home on July 22, 2020.

The family was riding in a silver car Marin’s sister had purchased just days earlier from a mechanic, the complaint said. Soon after they pulled into the parking lot, two police officers, Matthew Rodriguez and Tyler Moran, approached with their guns aimed at the family.

Police later claimed officers drew their guns immediately because they believed the car the family was riding in had evaded police twice in the week prior, though Marinho wrote that Marin never evaded police.

Rodriguez ordered Marin at gunpoint to get out of the car and get down on her knees, which Marin did, while Moran stood near her and aimed his gun at Marin’s sister in the car.

Marinho wrote that Rodriguez knew Marin was unarmed because he could see she had nothing in her hands “and was wearing form-fitting shorts and a tank top.” Marin also put her hands behind her back after Rodriguez told her to do so.

Marin “was objectively not a threat in any way to these officers,” Marinho wrote.

When Rodriguez then ordered Marin to crawl, Marin was confused because she was “already so close to Rodriguez that if she were to get down on her hands and knees, her face would be near the officer’s feet and there would be nowhere to crawl.” She “crawled” by inching forward on her knees slowly.

Rodriguez allegedly told Marin, “I’m going to kick you in the f—— face,” which shocked and confused Marin, who then sat back on her heels.

“Only a second later, Rodriguez swiftly kicked (Marin) in the abdomen at full force, knocking the wind out of her,” Marinho wrote. Rodriguez then pushed (Marin) face down to the pavement and handcuffed her forcefully, saying ‘Why didn’t you f—— listen?’,” the complaint said.

The officer then “picked her up by the handcuffs and dragged her across the pavement while her 7-year-old nephew and 2-year-old niece screamed from within the car.”

Marin’s face, knees and ankles were “rubbed raw and bloody” from being dragged on the pavement, and her shoulders were hyperextended. She couldn’t lift her arms or bend over for days after the encounter, the complaint said, and she needed assistance getting dressed.

In an email to KQED, City Attorney Nora Frimann said, “We believe the settlement is fair and allows the City to avoid the risks of further litigation.”

Marinho and Marin declined to comment.

Rodriguez wrote in an initial police report about the incident that Marin was “arrested without incident,” the complaint said. But after Sgt. Ronnie Lopez sent the report back as being too vague, Rodriguez documented his use of force.

Lopez told Moran to obtain video footage of the arrest from the McDonald’s security camera system and canvass for witnesses, but Moran “never tried in any way to obtain the video,” nor did he look for witnesses, the complaint said.

“No one from the department ever attempted to obtain the McDonald’s video until civilian video of the police brutality went viral, and only then did Internal Affairs seek the video,” the complaint said.

Marin was charged with resisting arrest, though those charges were later dropped. Sgt. Lopez viewed police body camera video on the day of the arrest and later the passerby’s video and told Internal Affairs he did not think the use of force was excessive, although he wondered if it was “really necessary,” the complaint said.

A CT scan of Marin at the hospital showed she had internal soft tissue damage, as well as significant external bruising.

Rodriguez was later charged with a misdemeanor assault under the color of authority, and his criminal trial is still pending.

San José Office of Employee Relations Assistant Director Allison Suggs said in an email Rodriguez is on paid leave currently, and Moran is no longer with the department.

Marinho argued the excessive force by Rodriguez was part of an entrenched culture problem at San José Police Department. She also noted the city was “on notice of Rodriguez and other officers’ excessive force issues and filing of false reports about resisting arrest.

Four days before stopping Marin, Rodriguez and Moran used excessive force on Anthony Cho, a man suspected of being connected to a stolen car investigation, Marinho wrote.

On July 18, 2020, Rodriguez and Moran stopped Cho, who surrendered after a short foot chase. While Cho was face down on the ground and not resisting, Moran kicked Cho in the head, and Rodriguez hit Cho with a baton on his head and body.

Cho suffered head injuries that required staples. Marinho said he complained immediately about the use of force, alerting the department to the issue. Cho later sued the city and received $200,000 in a March 2023 settlement.