Oakland pastor attacked by federal agent takes first step to sue

"In an attached letter to the complaint, filed with the District Court Litigation Division, Johns details the extent of Bautista's injuries, saying he was "quickly unable to breathe because of the chemical agent and believed he would die from asphyxia," and he "experienced trouble breathing following the assault, and he continues to experience severe trauma from the memory of the assault and his fear that he would die.""

""Reverend Bautista was dressed in a uniform clearly identifying him as clergy, and his actions were peaceful and non-threatening," Johns writes. "The Federal agent's actions were malicious, violent, intentional, and unjustifiable." She attached a photo to the form by Jerome Parmer that first appeared in The Oaklandside, which shows a federal agent pointing his weapon at Bautista's head in the moments after he fired."

"Johns told The Oaklandside that the "less lethal" shooting was "a violation of the law and very clearly a violation of Reverend Batista's rights to protest and to be free from any kind of physical or bodily harm or intrusion by these officers." She said the officers could have given him a verbal order. "Instead," she said, "these men who are essentially acting like lawless cowboys just come in, they do whatever they want, don't have to identify themselves, because there is no oversight within the Department of Homeland Security, and do it with complete impunity.""

Pastor Jorge Bautista, an Oakland resident who serves at the United Church of Christ in San Mateo, was shot in the face by a federal agent with a projectile during a protest in Oakland last October. Bautista filed a Standard Form 95 on Jan. 27 seeking $5 million in damages and initiating a Federal Tort Claim. The attached letter describes immediate breathing impairment from a chemical agent, ongoing breathing difficulties, and severe trauma from the fear of dying. Counsel contends Bautista was clearly identified as clergy and peaceful, and alleges the agent's actions were malicious and unjustifiable. A photo attached to the claim shows an agent pointing a weapon at Bautista's head, and the claim criticizes a lack of oversight within the Department of Homeland Security.

Read at The Oaklandside