© Getty Images
Three judges from the 9th U.S. Circuit Court of Appeals found that Juan Hernandez has grounds for a lawsuit against the San Jose police following a 2016 rally, CBS San Francisco reported.
The suit was brought forth by 19 Trump supporters who claim that after they left a rally officers led them into the middle of a crowd of angry counterprotesters, The Associated Press reported.
"San Jose PD lead us right into the protesters," Hernandez told CBS San Francisco. "Someone needs to be held accountable for what happened. So it's awesome - a huge step - to know that they will be held accountable for the lack of planning and the stand-down order that they received."Police reportedly stood by for 90 minutes before they intervened to break up the fights and make arrests.
The panel of judges agreed and rejected the city's motion to dismiss the case.
The judges wrote that the officers acted with "deliberate indifference to the danger" by "shepherding" the Trump supporters near the counterprotesters.
The officers argued that they were worried that violence would have been greater if they used a more aggressive approach to move the crowds.
San Jose City Attorney Richard Doyle told AP that officers were in a difficult position.
"We think in the end the officers didn't do anything wrong and they did everything they could to try to protect public safety," Doyle said. "The police officers were really caught between a rock and a hard place."Hernandez told the news outlet that he believed the police department acted based on politics and targeted the group because they support Trump.
"San Jose Police were largely indifferent to us because we were Trump supporters," Hernandez said. "They had ample time to figure out the plans and contingencies."
Doyle told the newspaper that the San Jose City Council will decide how to proceed with the lawsuit.
Comment: See also:
Protecting and serving: Police stand by and watch during Trump rally violence