Class action lawsuit filed after assaults at San Jose Donald Trump rally

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The City of San Jose is facing a class action lawsuit over how it handled protests outside a Donald Trump rally last month.

On Thursday it was announced that 14 Trump supporters are suing the city, claiming it didn't do enough to prevent or stop the violence.

Those who filed the 44-page lawsuit range from a 14-year-old boy to a 71-year-old woman. They're seeking an unspecified amount of damages and said the lawsuit is a clear message San Jose should be held accountable.

"There's still some swelling in the nose," said Juan Hernandez, a plaintiff in the lawsuit. "At some point will need surgery."

Hernandez said he hasn't fully recovered after he was punched in the face as he left the Trump rally. The attack left the Trump supporter with a broken nose.

"I'm not necessarily looking for the compensation," said Hernandez. "That's not what it's about. It's about holding someone accountable for what had happened; for standing by watching people getting attacked. It wasn't okay."

Hernandez is among the group who are suing the City of San Jose, Mayor Sam Liccardo and Police Chief Eddie Garcia failing to protect them against Anti-Trump protestors. The lawsuit contends the city deprived them of free speech and assembly and that city leaders ordered the 250 officers to not intervene as the violence broke out.

Trump took to Twitter accusing the mayor of doing a "terrible job" of protecting innocent people and said "the thugs were lucky supporters remained peaceful."
Hernandez alleges the mayor's opposition to Trump's political views may have played a role.

"He had his biases about how Trump incited this," said Hernandez. "Trump didn't incite this they are attacking us the protestors are attacking us."

San Jose Police referred comment on the lawsuit to the city attorney's office. However, days after the rally, Chief Garcia said reports of a stand down order were absurd.

"I have authority over my officers, but I don't have the authority to take their integrity away so there's no way an officer of mine would follow an order like that," said Chief Garcia.

Mayor Liccardo didn't directly comment on the lawsuit either but issued a statement that read in part, "There is no place for violence in our political process, or in our city. The ludicrous accusation that I somehow directed the police department to "stand down" at the rally is utterly false."

The mayor's office said San Jose Police have identified and arrested 20 suspects and additional warrants have been issued.

Watch our original coverage of the rally here.