A judge dismissed a lawsuit against Oakland Tuesday that said police officers infringed on a Oakland Tribune photographer Ray Chavez's rights when they arrested him as he was trying to shoot photos of a car crash and the emergency response to it. The lawsuit, filed by Chavez in August, stems from an incident May 4, 2007.

Chavez, who was driving north on Interstate 880 in Oakland, stopped his car to shot photos after a vehicle in front of him crashed.

The lawsuit alleged that an Oakland police officer blocked Chavez's access to a news scene for no reason and interfered with a reporter's freedom-of-the-press rights. The lawsuit sought unspecified monetary damages and additional training for Oakland police on how to work with media workers.

But U.S. District Court Judge Charles Breyer dismissed the suit in an opinion issued Tuesday.

"We believe that clearly the judge's decision was wrong," said Terry Gross, an attorney with the San Francisco law firm Gross, Belsky & Alonso, which is representing Chavez. He said the judge misinterpreted the federal law and that they will appeal the decision and file a claim in state court.

Chavez was never taken into custody, but the lawsuit said he was cursed at and was subjected to humiliation after he was left on the roadside in handcuffs for 30 minutes.

Chavez said he is disappointed by the judge's decision. "The police are going to keep violating our First Amendment, the right to gather information and cover newsworthy spot news," he said. "It's unfair, not only for me, but for all journalists, because it can happen to them, too."

By Angela Woodall
Oakland Tribune

Attached is court order pdf.