The February confrontation that sparked the lawsuit was captured on Alvarez's home surveillance camera. The footage showed Officer Christopher Conde trying to get Alvarez to come out of his mobile home; Alvarez repeatedly refused. Conde was later joined by more officers, including Benitez and Agent Thomas DeStefano.
The settlement also requires Sgt. Wayne Benitez, the supervising officer who slammed Alvarez on the hood of the car during the arrest and was later seen on surveillance video making fun of Alvarez, to write an apology letter to Alvarez, his attorney, Cody Salfen, told the Weekly.
The city of Palo Alto will pay out $572,500 and require all officers in the Police Department to go through two hours of LGBTQ sensitivity training as part of its settlement with Gustavo Alvarez, the Buena Vista Mobile Home Park resident who sued the city after he was violently arrested in February 2018.
District Court in Oakland, also claims that the city has failed to adequately train its police officers and that its discriminatory policies are subjecting individuals "to serious and physiological harm.".
When Alvarez told Benitez , "I'm bleeding," Benitez responded, "You're going to be bleeding a whole lot more.". After the arrest, Benitez is shown recapping the incident to another officer and imitating Alvarez, who is gay, by raising the pitch of his voice.
Mayor Eric Filseth said immediately after the closed session that the council took "no reportable action.". City Attorney Molly Stump told the Weekly that the "settlement documentation is in process," which is why there was no reportable action at the Monday meeting.
The Police Department is also conducting its own internal review of the incident, according to the statement. Salfen called the non-monetary components of the settlement "really positive" but criticized the department for continuing to employ all the officers who were involved in the incident.
Fearing they’d be forced out of the one of the few affordable pockets of Silicon Valley’s most expensive real estate, park residents gathered forces and were eventually joined by neighbors, who together created the group Friends of Buena Vista.
But for those like Maupin and Rene Escalante, who has lived in Buena Vista more than 20 years, not enough has changed when measured against plans presented to them in community meetings after the property was bought — certainly not the overhaul that was promised to residents.
In 2017 the park was finally saved when the Jisser family accepted the $40 million price offered by the city and county. Two years later, the federally-funded Santa Clara County Housing Authority announced plans to revitalize the property.
PALO ALTO, CALIFORNIA – May 14: Clara Maupin’s trailer, right, sits next to one of the new prefabricated homes at Buena Vista Mobile Home Park in Palo Alto, Calif., on May 14, 2021. (Dai Sugano/Bay Area News Group) In 2020, the agency also bought 18 brightly-colored prefabricated homes; it has set up seven so far.
Maupin still lives in the same run down, rat-infested trailer she’s owned in the mobile home park for 15 years. And try as they have, her family and friends can’t get her moved into one of the few prefabricated homes being installed in the park today because they’re only available to renters and a few dislocated trailer owners.
The Jisser family as early as 2012 wanted to sell their property in Palo Alto’s Barron Park neighborhood to any residential developer interested in the prime location, a move the city initially authorized. But that would have displaced about 400 residents — mostly low-income Latino individuals and families — and following lengthy appeals and legal maneuverings, a judge in December 2016 told the city it needed to calculate relocation costs for each tenant before the park could ever close.
Santa Clara County Supervisor Joe Simitian, one of the leaders in the effort to keep the mobile home park from being dismantled, said in an interview Thursday he didn’t want to speculate on the housing authority’s future plans without seeing them.