Gay Victim of Trump Rally Violence Sues San Jose

A gay Latino Republican is among the 14 people who filed a lawsuit last Thursday, July 14, against the city of San Jose, its mayor and police chief due to being attacked after attending a Donald Trump rally.

As the B.A.R. reported last month, Santa Clara resident Juan Hernandez was one of several supporters of the Republican presidential nominee who were punched by anti-Trump protesters after leaving the June 2 event held at the San Jose Convention Center.

Hernandez, 38, a rehabilitation counselor, suffered a broken nose and had said he was contemplating suing the city. He has been vocal in his criticisms of how city leaders, particularly Mayor Sam Liccardo and Police Chief Edgardo Garcia , handled the incident.

Liccardo, while defending the actions of the police and city, also laid blame for the violence with Trump and his incendiary language he has used. The police have arrested 22 people accused of attacking the Trump supporters.

Nonetheless, Hernandez is the lead plaintiff in the lawsuit filed by attorney Harmeet K. Dhillon, a former chair of the San Francisco Republican Party. The plaintiffs are alleging their constitutional rights, including the rights to free speech, peaceful assembly, and due process, were violated and are seeking unspecified damages and have requested a jury trial.

"My intention is someone needs to be accountable for it, either the mayor or the police chief," Hernandez told the B.A.R. about why he decided to join the lawsuit. "Also, I wanted to change the way rallies happen. Other cities need to be aware more. They need to protect their citizens no matter who they are voting for. This mayor failed because he let his political bias get in the way."

Attending the Republican National Convention this week as an alternate delegate for Trump, Hernandez said last week that the swelling around his nose had yet to fully subside.

"At some point, I will need surgery," he said.