Federal class action lawsuit filed against King City cops.

King City police officers involved in an alleged car towing and impounding scheme targeted a particular demographic, according to a class action lawsuit filed Monday. 

The complaint, filed in the U.S. District Court for the Northern District of California, describes the unifying demographic features of some 200 victims and counting whose cars were allegedly taken by KCPD officers. 

"[Officers] concocted and developed a scheme to target a particular demographic population, that is, economically disadvantaged and low-income persons of Hispanic descent," the complaint states. 

The suit names the city of King City, Chief Bruce Miller and his brother Brian Miller (owner of Miller's Towing), Sgt. Bobby Carrillo, retired chief Nick Baldiviez, and officers Mario Mottu, Sr., and Jaime Andrade.

Officer Mark Allen Baker, who was also arrested in the Feb. 25 sweep on charges of criminally threatening a resident, is not named in the suit. (Andrade is charged with illegal storage of a firearm, also not in connection with the towing scheme.)

The lawsuit is based on one count of targeting and wrongful taking of property; one of deliberate indifference, due to King City's failure to prevent the alleged misconduct by police officers; and one count of conspiracy to violate civil rights.

The named plaintiff, Jesus Garcia, allegedly lost a car in the scheme, in which officers impounded cars and sent most of them to Miller's Towing (the chief's brother's company), where they were not returned when victims couldn't pay. The cars were in some cases given as gifts to the cops who impounded them, according to District Attorney Dean Flippo. 

Victims whose cars were taken were overwhelmingly Latino and poor, according to the complaint. "In the individual defendants' minds, the targeted persons would be less likely to complain about unlawful seizure and sale than other persons and, thus, the scheme would be less likely to be exposed."

Jesus Garcia was allegedly stopped for a traffic violation in 2012, according to the complaint, and though it was a minor infraction, a tow truck appeared on the scene within minutes. 

The attorneys who filed the case are San Jose-based Fernando Chavez, the son of Cesar Chavez, and Blanca Zarazua, also honorary consul of Mexico in Salinas. 

Their case was filed March 10, on the heels of a well-attended press conference March 6 in King City led by various organizations working on social justice causes, particularly for Latinos. 

Carlos Ramos, president of the local chapter of LULAC (League of United Latin American Citizens) led the press conference.

The news of this week's class action doesn't sit well with him, while groups like LULAC and the Mexican American Legal Defense and Educational Fund (also represented at last week's press conference) hear victims' stories and consider possible strategies, maybe including civil rights charges. 

"We have cautioned the public, especially those that are victims, to be very careful of the fact that there will be opportunists, wanting to do something that is, I believe, outside the true sprit and intent of something that will cause significant change," Ramos says. 

"Unfortunately, as there are ambulance chasers, we are sensing and we've heard that individuals are surrounding the community conversations, and looking at doing something on their own instead of allowing a national entity like MALDEF [to file].

"There's a difference between a private attorney and a group of attorneys who are part of a nonprofit national organization."

Zarazua herself has advocated in the past on behalf on Latinos who she views as an easy target for fraud schemes. 

Zarazua declined to offer comment Wednesday on the case; she says she and Chavez will offer remarks Thursday at a press conference in King City. 

“This lawsuit provides at least some relief for the many residents of King City who were subject to serious civil rights violations,” she said in a statement.