Palo Alto Settles Gay Man's Civil Rights Lawsuit For $500k

PALO ALTO, CA — The city of Palo Alto has agreed to pay a $572,500 settlement to Gustavo Alvarez, a gay man who sued the city's police department over his February 2018 arrest in which he alleged that officers violated his civil rights.

The terms of the settlement also require all city officers to undergo LGBTQ training, the Mercury News reported. The arresting officer, former Sgt. Wayne Benitez, will have to write a written apology to Alvarez that will be made public.

Alvarez was arrested Feb. 18, 2018, outside his mobile home on suspicion of driving with a suspended license. Video footage of the arrest showed officers slamming Alvarez to the ground, and Benitez saying, "You think you're a tough guy, huh?" and "You're gonna be bleeding a whole lot more" as Alvarez complains of his injuries.

Alvarez began to bleed and lost a tooth during the arrest. The charges against him were ultimately dismissed due to a lack of evidence.

Audio from Benitez's microphone after the arrest recorded him describing the violent arrest as a lesson for other officers.

"See how quickly they behave once we put our foot down, and that's what we don't do enough," he says.

Another recorded conversation between Benitez and a tow-truck driver who took Alvarez's car showed Benitez telling the driver that Alvarez is gay and mimicking Alvarez's voice, according to the Mercury News.

Alvarez's lawsuit alleged that police assaulted him, denied him medical care and threatened him due to his sexual orientation, naming Benitez as the primary aggressor.

In a statement, the city of Palo Alto said it chose to settle the lawsuit to "minimize the burden and expense of federal litigation," saying that the city and the police department still "sharply dispute the vast majority" of Alvarez's claims.

The monetary settlement was approved this week by the Palo Alto City Council, and the police department is still conducting its own investigation into the case.

Most of the officers involved in the arrest are still working, while Benitez was put on administrative leave and later retired, the Mercury News reported.

Bay City News contributed to this report.