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California

CA: California Men Sue Over Gay Sex Stings

[Florida Action Committee]

Five California Men are Suing the City of San Jose after being arrested in a “gay sex sting.” The charges against them were eventually dismissed, but undoubtedly much damage was done regardless.

The men claim their Fourth and Fourteenth Amendment rights were violated when they were arrested for “loitering” during a 17-month operation conducted beginning 2014 at a park known to be a meeting place for Gay and Bisexuals. In total, during the 17 months, only 19 men were arrested. Six fought the charges and ultimately got them dismissed, another was dismissed by the court for insufficient evidence. The rest took plea deals offered by the prosecutor.

The Mercury News reports that the men are seeking a million dollars in damages through their federal lawsuit. We hope they get every penny!

The entrapment victims were approached by an undercover officer who made lewd requests. If they responded, they were arrested. One of the six claimed to have rejected the offer – but was still arrested.

 

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  1. Leroy

    Absolutely despicable action by San Jose law enforcement! Any non L.E.O. that approached an unsuspecting person in a park or anywhere as far as that goes, and lewdly propositioned them could end them up in jail and on the website. Maybe they need a little taste of their own medicine! Not that I wish that on any human being, but when people in high places see their own getting plastered across the internet, compliance officers knocking on their doors, and all their foreign travel plans being cancelled.. indefinitely. They might see this registry for what a soul destroying monster it really is!

    • AJ

      It always boggles my mind that LEOs are allowed to break the law in order to find others willing to break the law. Being enmeshed in a situation (such as being an undercover narc) is one thing, but when LEOs are actively doing illegal things to see who shows interest, it reeks of entrapment to me. Sadly, anymore our courts feel it’s okay, because all one had to do was say no. And we all know how well, “just say no!” worked in the Drug War.

  2. mch

    San Jose/Santa Clara County is a dirty, dirty county. The DA’s office and San Jose police act above the law and are famous for their stings. I hope that these guys get every penny of the million(s) they seek. Santa Clara County DA’s office, particularly Mr. Charles Gillingham, will lie, lose evidence, erase evidence, destroy evidence and then up the charges in order the get a successful plea deal. I believe that there is a special place in hell for crooked prosecutors and LE.

  3. USA

    Well

    I’m not sure what to say. We have prostitution stings, drug stings (catch a predator show) and I’m sure many of you who have child related offenses could have been caught in an internet sting (I’ve read about chat rooms/meet me at park etc). I don’t really know how else arrests could be made? I’m sure there are some aggressive officers. I clearly don’t support people having sex at parks/families/children, but I imagine the city had complaints prior. I suggest do whatever your doing in privacy!

    • AlexO

      Well, stings usually involve having the criminals come to you. In case of internet stings, it’s a cop sitting in a chat room with an enticing profile. If someone takes the bait, they then proceed to gather enough evidence for an arrest. But this sounds different. From the article:

      “The entrapment victims were approached by an undercover officer who made lewd requests. If they responded, they were arrested. One of the six claimed to have rejected the offer – but was still arrested.”

      This was like if an internet sting involved police sending people random Facebook requests to see if anyone would respond, or stood on a corner and asked random people if they wanted to buy drugs.

      Also, according to the article, there was only a single complaint on record and the police seem to have gone out of their way to target gay men specifically.

      “Attorneys for the men claim the police did not target females or who they perceived to be heterosexual men. The police also claimed they conducted the sting in response to citizen complaints, but records showed only one single complaint. Complaints against other crimes complained of, such as drugs, did not result in a 17-month sting.”

      You should read the actual article and not just the opening part ACSOL includes as a teaser. These openers rarely get to the crux of it.

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