OAKLAND, Calif. (CN) – A San Francisco 49ers fan claims an Oakland police officer broke his elbow trying to handcuff him at an exhibition game, because he wasn’t cheering for the Raiders.
At an Aug. 8 pre-season game between the Oakland Raiders and the San Francisco 49ers, Raymond Castillo claims a fight broke out two rows from his seat in “The Black Hole” – so named because of the rowdy Raiders fans who sit there.
Though Castillo was not involved in the fight, he and his friends, all clad in 49ers gear or colors, were allegedly jostled by Raiders fans.
Castillo says Officer Bryant Ocampo tackled him and put him in handcuffs so forcefully that he snapped Castillo’s elbow, even though Castillo did not resist and even shouted, “I am not resisting!” Castillo says Ocampo then arrested him without cause.
Oakland police arrested other fans wearing 49ers gear and shouted anti-49ers insults at them, including, “You Niners fans – This is how it happens in Oakland,” “F-ck you, Niners fans,” and, “You come to a Raiders game wearing 49ers gear, and now look at you crying.”
Castillo claims the assault left him unable to work. He seeks actual and punitive damages for false arrest, battery and negligence. He also wants the court to issue an order barring Oakland police officers from singling out, threatening or abusing fans “based on their protected expression or perceived sympathy for a certain team.”