FRESNO, Calif. (CN) — A Fresno, California, woman who sued the city and two officers who arrested her for trying to help a homeless woman has scored a partial win against a motion to dismiss her complaint.
Cynthia Piombino filed suit against the city, as well as officers Steve Rocha and Corey Evans, after she tried to walk around them and provide blankets to an unhoused woman this past February. Piombino claims the officers grabbed and pushed her away before arresting her — what Piombino calls retaliation for questioning their authority and advocating for the homeless.
Citing federal and state law, Piombino claims the city and officers used excessive, unconstitutional and retaliatory force against her, as well as made an unconstitutional and retaliatory arrest. The city moved to dismiss, leading on Monday to a ruling partially favoring Piombino.
U.S. District Court Judge Kirk Sherriff denied the officers’ motion to dismiss the federal and state accusations for the improper arrest. However, the judge dismissed the city from the federal excessive, unconstitutional and retaliatory force claims, and the federal arrest claim.
“The complaint does not allege that Piombino disobeyed orders from Rocha and Evans or that she interfered with Rocha and Evans’ actions,” Sherriff wrote. “Viewing the complaint’s allegations in the light most favorable to Piombino, it is plausible that Piombino did not obstruct the officers’ actions by simply walking around them or by continuing to record the officers and that Rocha and Evans therefore lacked probable cause to arrest her.”
Piombino has three weeks to amend her complaint. If she doesn’t, the suit will proceed with only the remaining causes of action.
In her suit, Piombino says she’s an advocate for homeless people. She monitors homeless encampments, regularly speaks at government meetings and attends court proceedings. Local police recognize her as a homeless advocate and critic of law enforcement.
On the day of her arrest, she spoke with the officers and asked for permission to get the homeless woman’s blankets after they confiscated and destroyed her property.
The officers met those entreaties with indifference, Piombino says, so she walked around them and took the blankets to the woman. They then arrested her.
The city and officers argued Piombino’s complaint confirms that she interfered with their lawful duties. However, Piombino countered that Kincaid v. City of Fresno is clear: the city can’t capriciously take and destroy an unhoused person’s property.
“Construing the facts in the light most favorable to Piombino, Piombino adequately alleges that Rocha and Evans lacked probable cause to arrest her,” Sherriff wrote. “As pled, Piombino openly and obviously recorded the interaction, ‘walked around’ the officers, and was subsequently arrested.”
Pivoting to similar accusations made by Piombino under California law, Sherriff wrote that the officers have no immunity under state law. The law doesn’t provide broad immunity to police for harmful actions taken while investigating a crime.
Piombino also sued Fresno, claiming the city maintains policies that led to the officers’ violations. She also claims that the widespread and recurring misconduct is a reflection of the city’s antipathy toward its homeless residents.
The judge disagreed, granting the city’s motion to dismiss the federal claims against it. He ruled that the officers’ actions causing Piombino harm must stem from an official city policy in order for those claims to prevail.
“Piombino alleges she has witnessed the Fresno Police Department’s treatment of unhoused people and advocates for unhoused people, but she provides no factual allegations beyond the single incident at issue in this case,” Sherriff wrote. “The complaint is devoid of factual allegations regarding other instances in which Fresno Police Department officers conducted themselves in a similar manner.”
An attorney for Fresno and the officers declined comment. An attorney for Piombino couldn’t be reached for comment.