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A tow truck driver has filed a lawsuit against the city of Mountain View, alleging that his civil rights were violated and he was subjected to “malicious prosecution” after he towed a council member’s car from a parking lot two years ago.
Felix Salcido, the plaintiff in the case, claims that Mountain View Mayor Ellen Kamei, who was a city council member at the time, pressured police to investigate and arrest him in retaliation for towing her car, according to a complaint filed with the Northern California U.S. District Court on Dec. 9.
The lawsuit does not provide any written correspondence as evidence, instead alleging Kamei used other means to communicate with law enforcement.
The lawsuit also names Kamei’s husband and the investigating police officer as defendants, and is seeking more than $35,000 in damages.
On Jan. 3, Mountain View filed a motion to dismiss the lawsuit, which led the plaintiff to drop some charges and submit an amended complaint on Jan. 12, according to a statement issued by the city.
In its motion, the city argued that Kamei is entitled to file a police report as a private citizen, and that even if she lodged a complaint over the incident, “a public official’s report of a crime does not automatically qualify as action under color of law, and there are no facts here that show Kamei acted in her official capacity or responsibilities when she allegedly complained to the police.”
A city spokesperson declined to comment on the pending litigation, but said that Mountain View plans to file a response to the amended complaint in late January or early February.
Kamei also declined to comment on the litigation, as advised by the city’s legal counsel.
According to the lawsuit, Salcido worked as an employee for Ed’s Tow & Cradle, a Mountain View company that had a contract to tow vehicles from a parking lot at 745 Evelyn Ave. Unauthorized vehicles habitually parked in the lot, even though there were signs indicating certain spots were reserved for employees and towing was a possibility.
On April 12, 2023, Salcido towed three vehicles from 745 Evelyn Ave. – a Honda, a Tesla and a Volvo. The lawsuit states that the Volvo belonged to Council member Kamei. Salcido reported the towing incidents to the police, and later that evening, Kamei and her husband came to pick up their vehicle from the tow company, the lawsuit said.
The Jan. 12 complaint alleges that Kamei’s husband was irate about having the car towed and demanded that Kamei “call the captain.” Kamei and her husband paid the fine and left with the vehicle, according to the lawsuit.
Early the next morning, Sgt. Christopher Goff was notified of a “potential unlawful towing” involving a Tesla. The police report says that Goff investigated the incident and met with Salcido on April 13.
According to the lawsuit, Goff aggressively interrogated Salcido and accused him of improper towing. The encounter led Salcido to believe that Kamei and her husband contacted a high ranking official “to complain about the tow” and that Goff was assigned to the investigation “to get back at Mr. Salcido.” Anxious about retaliation, Salcido refunded the towing fee to Kamei and her husband, the lawsuit said.
The Tesla owner later pressed charges against Salcido, which the lawsuit attributed to police coercion. A year later, a warrant was issued for Salcido, and he was arrested for vehicle theft. According to the lawsuit, Salcido “was shocked, terrified and confused by the charge,” which carried the possibility of incarceration.
In August, a judge dismissed the case because of insufficient evidence, according to Santa Clara County court records.
The lawsuit states there is no official paper trail communication linking Kamei or her husband to Goff’s investigation. However, it claims that Kamei’s political influence and misuse of power led to Salcido’s detainment and arrest.
The lawsuit is seeking to recover compensatory and punitive damages as well as the cost of attorney fees and civil penalties.
