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Hercules, officers face lawsuit for excessive use of force against man having seizure

HERCULES — A man who crashed his car after experiencing what he said was his first seizure is suing the city of Hercules and at least three police officers, claiming they physically and verbally attacked him instead of providing necessary medical care.

On April 1, 2024, Jack Bruce, 22, was driving down Refugio Valley Road after visiting his grandmother. According to a lawsuit filed last week, it was during that drive that he had a seizure, which caused him to lose control of the car, veer off the road and roll into an embankment, prompting witnesses to call emergency responders.

Once crews arrived at the scene, Bruce asserts that officers disregarded their training on how to manage those experiencing seizures and instead “forcefully extract(ed)” Bruce from his vehicle.

“While the car accident caused no injuries, the first responders did,” read the lawsuit filed Feb. 7 on Bruce’s behalf by Craig Peters with Altair Law and David Fiol with Brent & Fiol LLP.

Along with the city, the three officers named as defendants in the lawsuit are Angel Garcia, Michael Thompson and Joshua Goldstein. With the suit, Bruce is seeking compensation for physical pain and suffering, emotional distress, special damages including medical care, punitive damages and any attorney costs.

The lawsuit asserts the officers were informed that Bruce was experiencing a seizure and should have known to not restrain him or perceive agitated behavior as deliberate hostility or resistance, in accordance with Police Officer Standards and Training guidance.

The officers are accused of dragging Bruce from his car by his limbs and hair, punching him in the face twice and using a Taser on him multiple times, according to the lawsuit.

They’re also accused of falsely claiming that Bruce was high on drugs, violating department policy by either muting or failing to turn on their body-worn cameras, and submitting “falsehood-ridden reports” to the Contra Costa County District Attorney’s Office.

An April 1 Watch Commander’s Shift Report briefly detailed the incident under the label “Resisting Arrest/ Possible Drug DUI.” The log asserts officers responded to Refugio Valley Road and Country Run at about 1:05 p.m. and found a 21-year-old male driver who they believed was either impaired or experiencing a medical emergency.

According to the log, the driver actively resisted attempts by officers to evaluate him and hit and kicked officers. A warrant to obtain and test the driver’s blood was granted after the driver was transported by ambulance to the Contra Costa County Regional Medical Center.

A test of Bruce’s blood and urine showed “trace amounts of THC” in his system and a sedative that was administered after the incident, the lawsuit said. He’s since experienced additional seizures and has been diagnosed with epilepsy.

The lawsuit also asserts that Bruce feared he’d face criminal charges after learning of what was stated in the police reports.

The Hercules Police Department and the city issued a statement Feb. 7, noting its policy to not comment on active litigation.

“The City takes any allegation of excessive use of force seriously and is committed to following standard protocol in response to such allegations,” read the joint statement.

Hercules Councilmember Alexander Walker-Griffin shared his support for Bruce and his family in a Facebook post Feb. 7, wishing Bruce well in his recovery and for the officers involved in the incident to “heal and learn from this event.”

“The event was heartbreaking and devastating to watch. It’s also disappointing,” Walker-Griffin said. “I do applaud the individuals that put on their plate carriers everyday [sic] and go out and protect and serve the different communities around this country. However, events such as this should not have taken place.”

The Bruce family had reached out to Walker-Griffin months ago to discuss the incident, the councilmember said in the post. During that discussion, Walker-Griffin said the family expressed an interest in seeing the department undergo additional training.

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