A year after a Customs and Border Protection officer fired a chemical round into his face at an Oakland protest, Pastor Jorge Bautista has sued the federal government.
The case, Bautista v. United States of America (3:2026cv12413), was filed Oct. 23 in the U.S. District Court for the Northern District of California, according to the court docket. It has been assigned to Magistrate Judge Alex G. Tse and lists civil rights as the nature of the suit. Bautista is represented by Oakland attorney EmilyRose Johns, and he has demanded a jury trial.
What happened
On the morning of Oct. 23, 2025, dozens of protesters gathered at the Oakland entrance to Coast Guard Island, at Dennison Street and Embarcadero, after reports that a federal immigration operation would be staged from the Alameda base. The Oaklandside reports that around 7 a.m. a CBP convoy arrived, officers set off stun grenades, and one officer shot Bautista in the face with a chemical round at point-blank range. The operation was ultimately called off.
Bautista, an Oakland resident, is pastor of a United Church of Christ congregation in San Mateo. The complaint says his eyes, nose and throat began to burn, he "was quickly unable to breathe," and he still has severe trauma from the memory of the assault.
The legal claims
- Assault and battery, intentional infliction of emotional distress, and civil rights violations under the First and Fourth Amendments, against the government and an unnamed CBP officer.
- The suit cites the Federal Tort Claims Act and the No Kings Act (SB 747), which Gov. Gavin Newsom signed this month. The law lets Californians sue federal agents for violating their constitutional rights.
- An earlier tort claim sought $5 million. The Oaklandside says the government did not respond substantively within six months.
The government typically has 60 days to answer or move to dismiss, according to The Oaklandside.