CAL FIRE Sued for Alleged Excessive Force and Civil Rights Violations

A lawsuit filed in Santa Clara County Superior Court, has been removed to federal court, accusing the California Department of Forestry and Fire Protection (CAL FIRE) and one of its officers of using excessive force during a traffic stop on March 17, 2024. The plaintiff, Antonio Patino, alleges multiple constitutional and state law violations stemming from the incident, which occurred on southbound Highway 17 in Santa Clara County.

According to the complaint, Patino was driving with a passenger when he was stopped by CAL FIRE Captain Tyler Hickey, who accused him of reckless driving and having expired registration tags. Patino denies both allegations. He claims he complied with the stop and remained in his vehicle until approached by Captain Hickey.

The lawsuit alleges that Captain Hickey demanded Patino exit the vehicle without explanation and became physically aggressive when Patino questioned the reason for the stop. Patino contends that Captain Hickey forcibly removed him from the car, grabbed his neck, threw him to the ground, contorted his arms, and tightly handcuffed him—causing pain and distress. Patino further claims that he was unlawfully detained for 20 to 27 minutes and issued a citation for reckless driving before being released.

Patino asserts that Hickey used excessive force in retaliation for his questions and for recording the encounter. He also alleges that Captain Hickey attempted to conduct a warrantless search of the vehicle, which Patino denied. The complaint describes the incident as traumatic and states that it continues to impact Patino.

The suit raises six causes of action: violation of the Bane Act (California Civil Code § 52.1), negligence, battery, two federal civil rights claims under 42 U.S.C. § 1983 for unlawful seizure and excessive force, and a claim for false arrest and imprisonment under California law. CAL FIRE is named under a theory of respondeat superior.

CAL FIRE employs approximately 200 peace officers—many of whom hold the rank of captain—who are fully sworn law enforcement officers under California law. These officers have statewide peace officer authority under California Penal Code § 830.2(g), allowing them to investigate and enforce laws related to fire prevention, arson, and resource protection. In some regions, particularly where CAL FIRE has primary responsibility for wildland fire protection or contracts with local governments, these officers may also enforce vehicle and penal codes on state and local roads. Traffic stops may occur if the officer observes violations connected to public safety, resource protection, or criminal activity.

The case was originally filed in state court on September 20, 2024. Following an agreement between the parties, it was removed to the U.S. District Court for the Northern District of California on June 2, 2025.

A jury trial has been requested. The defendants deny the allegations, and the litigation is ongoing.