Man files $10 million claim against DHS alleging he was severely injured by "less lethal munitions" during raid in Camarillo
A musician has filed a $10 million claim against the Department of Homeland Security, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, alleging his hand was "shattered" when he was struck by "less lethal munitions" fired by agents during a raid in Camarillo in July.
At a news conference Wednesday morning, Alec Bertrand's attorney, Jim DeSimone, announced the civil rights claim against several federal agencies, saying his client was "illegally and unlawfully assaulted" while he was "peacefully protesting."
DeSimone said the incident occurred during an immigration raid at a cannabis farm in Camarillo on July 10. He said Bertrand showed up at the intersection near Las Posas and Laguna Road around 11:30 a.m., where agents were conducting a raid. He said Bertrand joined a crowd of about 40 "peaceful protesters" who were opposing the operations.
"I decided to join the protesters that day because I had witnessed firsthand the destruction that these officers bring upon our community," Bertrand said.
DeSimone alleges his client vocally objected to the raid but never engaged in any violence nor approached the agents closer than about 10 feet.
Without warning, DeSimone claims agents from the various federal agencies began firing "tear gas and less lethal munitions," which he described as rubber bullets filled with Kevlar, at the crowd. The claim alleges Bertrand was struck in the shoulder, hand and other parts of his body. Bertrand said his First Amendment Rights to the freedom of speech and assembly were violated when he was shot.
"They created a war, one that day, a war zone in a peaceful farming town in a California suburb," Bertrand said.
CBS Los Angeles has reached out to DHS, ICE and CBP for a comment on the matter and is waiting for a response.
"As he was standing there helplessly, they shot him in the hand, shattering his left hand, shattering his index finger and it's a bone that is now replaced by a metal screw," DeSimone said.
He said Bertrand has suffered "personal injuries requiring surgery, physical pain and harm, psychological and emotional injuries, and economic losses." The claim also accuses agents of being in violation of California's Bane Act, which allows individuals to sue for damages if someone interferes with their federal or state rights through intimidation or coercion.
DeSimone said that federal agents are not above the law and should be held accountable for their actions.
"It's well established that you cannot shoot less lethal projectiles into a peaceful crowd and yet that is exactly what happened," he said.
Following the incident, Bertrand said he is not able to play the guitar, and his injuries require physical therapy. He added he was not arrested or detained during the incident.