
SAN LEANDRO — A woman suing the city because she claims police “stomped on her stomach leaving a shoe mark” while she was pregnant and caused her to miscarriage told officers at the scene that she actually lost the child earlier that day, video from police body-worn cameras show.
The woman, Emerald Black, wants undisclosed damages from San Leandro, including for physical injuries and emotional distress.
San Leandro officials released video footage of the June 7, 2019, traffic stop on Tuesday, the same day that Black served a federal lawsuit against the city.
The law offices of well-known local civil rights attorney John Burris are representing Black. It filed the complaint in the U.S. District Court Northern District of California.
The lawsuit alleges that a visibly pregnant Black was a passenger in a car driven by her fiancée, who ended up getting arrested on suspicion of misdemeanor drunken driving.
The couple visited Alta Bates Medical Center in Oakland earlier that day, when Black claims she was told she had a high-risk pregnancy and could be prone to a miscarriage, according to the lawsuit.
A San Leandro police officer pulled over the couple on Lucille Street because her fiancée’s vehicle allegedly had bad registration tags.
The lawsuit says officers “yanked” Black from the passenger seat, taunted her, “stomped on her stomach, piled on top of her and arrested her.”
The excessive force, Black maintains, prompted her miscarriage days later, according to the lawsuit. She said she also suffered physical injuries and emotional distress.
“I just got out of the hospital. I just got out of the hospital,” Black told officers after they brought her to the ground, handcuffed her, then walked her to a police vehicle.
No criminal charges were filed against her.
As she was detained in a patrol vehicle, an officer questioned Black, the video shows.
“Ma’am, did you say, Emerald, did you say you’re pregnant?” the officer asks.
“I just had a miscarriage this morning, so I had a rough day,” Black replies.
The officer says, “Ok. I’m sorry to hear that, for sure. This morning? Ok. Sorry about that.”
“I just had a miscarriage this morning, so I had a rough day,” Black repeats. She adds: “I have the papers in the car.”
The officer replies: “No, no, no,” implying he was not questioning Black’s claims about her physical condition.
The detention of Black comes against a backdrop of heightened awareness about race relations following the death of George Floyd as he was getting arrested in Minneapolis, which has sparked peaceful protests, riots and vandalism across the nation.
Black’s attorney, Patrick Buelna, said in a statement to this news organization that it should be noted that Black “had committed absolutely no crimes, nor was she even suspected of any.”
“If officers were adamant about her exiting the car, they should have simply, and gently, assisted Ms. Black getting out of the car. Instead, they treated her like she had just committed a violent felony, tore her from the car, piled on top of her and stomped on her stomach,” he said.
The lawsuit alleges Black suffered physical and emotional distress as a result of the traffic stop and seeks undisclosed damages.Eric Engelbart, San Landro’s deputy city manager, said the case remains under review.
“The city of San Leandro is aware of the allegations made by Ms. Emerald Black regarding her interaction with the San Leandro Police Department,” he said in a statement. “We take these claims very seriously. We recognize that the allegations are troubling and appreciate the high level of community concern they have generated. We also express sadness and condolences to Ms. Black for her and her family’s loss.”
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