One plaintiff claims an officer told her police had been instructed not to intervene in the melee.
The lawsuit says police arrested three people for allegedly assaulting officers at the scene, but no one for attacking Trump supporters, the Chronicle reported.
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San Jose Police Chief Eddie Garcia praised the officers after the rally for “their effectiveness and their restraint,” while the city’s lawyers said officers did not create the danger and should not be second-guessed for legitimate law enforcement decisions.
However, the court said the officers on duty, according to the allegations, had known about violence at past pro-Trump rallies.
“The attendees allege the officers shepherded them into a violent crowd of protesters and actively prevented them from reaching safety,” Judge Dorothy Nelson said in the 3-0 ruling that upheld a federal judge’s refusal to dismiss the suit. “The officers continued to implement this plan even while witnessing the violence firsthand.”
The court said that if the plaintiffs can prove their allegations, they would show police increased the danger to Trump supporters and knowingly exposed them to risk.