A March incident involving a police officer kicking in a door of
a Hollister family’s home and threatening an 11-year-old at
gunpoint has resurfaced, as the family this week filed a claim
against the city and threatened further legal action.
The Lujan family, lifelong residents of Hollister, filed the
claim against the City of Hollister, Hollister Police Department,
former Police Chief Bill Pierpoint and former patrol officer Brian
Brisco. It was denied by the City Council during what City Attorney
Elaine Cass called a routine procedure.
A March incident involving a police officer kicking in a door of a Hollister family’s home and threatening an 11-year-old at gunpoint has resurfaced, as the family this week filed a claim against the city and threatened further legal action.
The Lujan family, lifelong residents of Hollister, filed the claim against the City of Hollister, Hollister Police Department, former Police Chief Bill Pierpoint and former patrol officer Brian Brisco. It was denied by the City Council during what City Attorney Elaine Cass called a routine procedure.
Following an internal affairs investigation into the incident, then 19-year-old rookie officer Brisco resigned from the department, according to the claim and other city officials.
“We’d like for this to stop, for them not to take authority to their heads,” said Abram Lujan, the grandfather of the 11-year-old girl allegedly woken up to a gun in her face. “And it’s not the first time in Hollister.”
The Park Street family alleges that Brisco, while patrolling the neighborhood in the early morning hours on March 3, noticed a Hispanic boy in front of the Lujan home. Brisco, who reportedly thought the boy was prowling the neighborhood, exited the patrol car with his gun drawn. He allegedly ordered the boy to walk toward the street and threatened to kill him, according to the claim.
The alarmed boy entered the home and promptly closed the door, according to the family. Brisco allegedly charged the door and kicked it in, which left a visible tread mark.
Consequently, the family says Brisco entered the house without consent or without identifying himself and confronted family members. They say he shouted obscenities and ordered the women to exit the house and stand in the driveway.
He then allegedly searched the house, confronted the 11-year-old in her bedroom and pointed his gun at her face.
The police report contradicted some of the Lujans’ allegations. It stated the officer approached a light-skinned Hispanic male outside the Lujan home whom the officer suspected was armed.
The male reportedly ran inside the house and “forcefully closed the door” in the officer’s face. The officer reportedly stuck his foot in the doorway to prevent the man from locking it. After searching the home, the officer did not find the suspect.
The Lujans’ San Francisco-based attorney, David Heilman, said the incident’s repercussions have affected the family.
“It’s not something you bounce back from the next day, having a gun shoved in your face and having someone threatening to kill you,” Heilman said.
Now that the city has denied the claim, the family will likely pursue further litigation, according to both Heilman and Lujan.
The City Attorney’s Office does not take action on such claims, Cass said, because Hollister is part of a consortium of cities that maintains an outside counsel who oversees all of those legal allegations. Beyond that, she declined comment.
Moreover, Pierpoint could not be reached, and City Manager Dale Shaddox had not been hired at the time of the incident. Other officials with the Hollister Police Department did not return phone calls Wednesday.
After the March 3 incident, the county sheriff’s department conducted a criminal investigation and determined “no crime had been committed,” according to District Attorney John Sarsfield. Though he said the investigation did not examine breach of police policy or Brisco’s judgment.
The Lujans waited nearly six months to file a claim against the city, Heilman said, “to give the family the maximum opportunity to let things resolve and make a reasoned decision.” He said the delay would not hurt their potential case.
The Lujans may seek punitive damages relating to the psychological effects caused by the incident, as well as legal costs from possibly pursuing a lawsuit, according to Heilman. He did not specify how much would potentially be sought or when any further action may be taken.
While new Hollister Police Chief Jeff Miller takes office Monday – the first permanent chief since Pierpoint’s departure – Heilman said he hoped Miller would be more willing than other leaders to sit down and discuss the matter.
“I feel strongly my clients and all citizens have the right to be free from unreasonable search and seizure,” Heilman said.
