Driver sues Elk Grove PD, alleges officer punched him repeatedly during traffic stop

A Sacramento County man filed a lawsuit last month against the Elk Grove Police Department after an alleged incident in which he says he was repeatedly punched in the face by an officer during a traffic stop that led to an arrest last year.

James Barber is suing the Police Department for a violation of California civil rights laws, unlawful detention, arrest without probable cause, false imprisonment, malicious prosecution, intentional infliction of emotional distress, negligence and failure to properly screen, hire, train, supervise and discipline, the complaint said. The lawsuit seeking a jury trial was filed May 22.

According to a civil complaint filed in Sacramento Superior Court, the incident occurred July 2023, in an unincorporated area of the county, when the Sacramento motorist was pulled over for failure to attach a license plate.

According to the lawsuit, Barber had just left a McDonald’s drive-thru at 8220 Calvine Road, near Power Inn Road and Geneva Point Drive, when he was pulled over by Elk Grove police officers Cody Nguyen and Bryan Gates around 7:30 p.m.

Barber was allegedly never asked for his license or registration and when he asked why he was being pulled over, Nguyen told him it was because he did not have a front license plate, the lawsuit said.

Barber, according to the complaint, explained to Nguyen that the vehicle — a 2004 white Chevrolet Tahoe — was recently purchased and provided a receipt.

According to a report provided by the Elk Grove Police Department, Barber first acknowledged to Nguyen that his license was suspended and he did not have car insurance.

The lawsuit said Nguyen re-approached Barber’s vehicle and asked him to step out the vehicle, to which Barber asked if he was being detained.

According to the lawsuit, Nguyen did not initially provide a response. Barber asked a second time if he was being detained, the court document said, and this time Nguyen confirmed that Barber was being detained for driving with a suspended license.

The police report said officers asked Barber to exit the SUV because it would be towed for the driving infraction. Barber questioned if the officer had the right to do so, the lawsuit said. Nguyen, according to the lawsuit, confirmed that they had the authority to continue.

The police report said Barber refused to leave the vehicle.

According to the lawsuit, Barber feared for his safety so he started to record the encounter when Nguyen opened the car door and unbuckled his seat belt.

The police report said that Barber was “escorted out of the vehicle and onto the ground” where he continued to physically resist officers’ attempts to detain him.

The complaint alleges that Barber was physically removed from the vehicle by Nguyen with the assistance of a second officer, Gates.

The lawsuit said they forced Barber to the ground where Gates then repeatedly punched Barber in the face before he was detained “for an unreasonable amount of time.”

The lawsuit said that Nguyen did nothing to interfere with Gates’ alleged physical attack on Barber. Backup officers later arrived on the scene, according to court documents.

The Elk Grove Police Department report, provided to The Sacramento Bee in response to a California Public Records Act request, said Barber was eventually detained, taken into custody and booked into the Sacramento County Main Jail without further incident.

According to the lawsuit, the city denied Barber’s allegations in February.

Police Department spokesperson Sgt. Jason Jimenez in an email to The Bee said the department is unable to comment due to pending litigation.

“We remain committed to transparency and will share further information as soon as we are able,” Jimenez said.

Attorney Steven Baric, who is representing Barber, said his client feels what was done to him was unjust and demands justice.

“I think that it’s gonna be interesting to see how the discovery plays out as it relates to the cameras both in the car and on the body cams,” Baric said. “How my client describes it, it was unnecessary conduct. They pulled him over for a suspended license and then they beat him up. That’s not police work, that’s beyond the scope. So I think though it’s going to be really crucial to see what those tapes (show).”

In an emailed response to a Public Records Act request, the Police Department declined to share body camera video from the incident, citing a section of California law stating that the incident doesn’t qualify as a “critical incident” resulting in death or great bodily injury and is therefore exempt from the records request.

The driver’s complaint alleged officers violated his constitutional rights with excessive, repeated force causing bodily harm and that his detention and arrest was unreasonable and not justified.

In seeking a jury trial, the lawsuit said Barber hopes for compensatory damages, attorney fees, expenses and cost of suit and other relief.

Barber also wants the Police Department to set necessary and proper policies and procedures for unlawful arrests and incarceration without probable cause and he wants a sufficient amount of damages to the officers as an example and deter repeated offenses, the complaint said.