The San Francisco City Attorney’s Office yesterday sent a letter denying the claim filed last month by Christiana Porter, the 34-year-old Black woman who was slammed into a wall by police officer during a jaywalking stop in the Richmond, spokesperson Alex Barrett-Shorter wrote in an email today.
The letter informs Porter of the timeline for filing a lawsuit if she decides to, Barrett-Shorter wrote.
Adante Pointer and Lateef Gray, civil rights trial lawyers representing Porter, said they have not yet received the city’s response. Both said, however, that in their experience, the city denies most claims filed against it.
Gray said this makes the city’s denial of Porter’s claim, which alleged excessive force by the police officers involved in the jaywalking stop, unsurprising. Gray has never seen the city “accept liability like that,” he said, no matter “how egregious” the case.
Porter previously said she intends to pursue a civil case against the city. Gray said Porter’s legal team has six months from when the formal denial was sent — in this case, until March 2025 — to file suit.
Porter was walking down Geary Boulevard on July 29 when San Francisco police officer Josh McFall stopped her at Second Avenue, ostensibly for crossing the street on a red light, formerly considered jaywalking. California’s Freedom to Walk Act, which went into effect last year, states a pedestrian who does not create a “danger of collision” should not be penalized for such a crossing.
SFPD did not say why McFall made the jaywalking stop, and has declined to release footage from McFall’s body-worn camera, writing: “Generally, SFPD declines to release records to an open investigation under California Government Code Section 7923.600, which exempts from disclosure records of complaints to, investigations conducted by, intelligence information or security procedures of, and investigatory or security files compiled by local police agencies.” McFall’s body-worn camera appears to have fallen off during the incident, based on videos taken by onlookers.
Surveillance footage shows McFall driving the wrong way down Geary, pulling over and approaching Porter. They circle each other before McFall grabs Porter and slams her to the wall. More police vehicles arrive, and Porter is handcuffed and escorted to one by a group of officers. She was ultimately released with a citation for resisting arrest.
A domestic violence survivor and mother of five, Porter had just visited Office Depot to print out forms related to an ongoing domestic violence case before being stopped.
The incident left Porter with a concussion, separated shoulder and other injuries requiring multiple hospital visits, she said. In a press conference earlier this month, Porter said she still lives in fear for herself and her five children due to the incident.
Gray, Porter’s attorney, said the team does not plan to wait until the six-month deadline to file the lawsuit in this case. “We plan on moving rather quickly,” he added.
Pay out now, you don’t want to take it to a jury
These are our taxpayer dollars she’s suing for. Any money she wins will mean fewer teachers for our schools. Just keep that in mind.
Then we should as a city hold those who protect us to higher standard.
You mean less police, they have a separate budget. You might as well say less money for non profits who are not audited.