Officer made antisemitic comment during police interaction in Tustin, CA. Do I have a case?

Question

During a recent interaction with Tustin police, an officer made an antisemitic comment by referring to my last name, Horowitz, as "Auschwitz." This was highly offensive, and I made it clear to the officer, who gestured to silence me. Another officer appeared embarrassed by the remark. I've filed a complaint, and there is an investigation underway; I've been told I will be notified of the outcome. I don't have the recording, but the detective handling the case has it. This incident has made me fearful of entering the city, distrustful of the police, and has resurfaced painful memories related to family members who were Holocaust survivors. I've reached out to the ADL but have had trouble maintaining contact. Is there a case here, and should I pursue this further?

Louis George Fazzi · Answer

Make sure you prepare a chronological statement of what happened. Include all the details you can. You want to say what happened, where, how, when and why. Identify all the parties by name if you can, and if you have officer's badge numbers that would be beneficial. Retain all documentation you have or can obtain which relates to the incident. 
You may want to make a report to the Tustin City Council and express your outrage and demand action. You might also contact the ACLU, as well as AJF legal support. 
What happened to you is outrageous and cannot be tolerated. Take all the action you can under the circumstances. 
If you incur any out-of-pocket expenses for medical or mental healthcare related to this matter, make sure you keep good records of all such treatment, including the providers. Keep all receipts for medical or mental healthcare you receive as a result of this incident. It appears to me to be a blatant civil rights violation, which begs redress. 
Time is of the essence, so do not delay in taking appropriate action.

James L. Arrasmith · Answer

I'm very sorry you've had such a distressing and hurtful experience. The officer's comment was not only offensive but deeply inappropriate, and you were right to file a formal complaint. Your feelings of fear and distrust are valid, especially given the trauma your family has endured. 
 
You may have grounds for a civil rights claim based on discriminatory conduct or emotional distress, particularly if this incident caused significant emotional harm or anxiety. Although the absence of your own recording might present some challenges, the fact that an official recording exists and is currently being reviewed by investigators helps support your account. It's crucial you follow up on the internal investigation diligently, and maintain documentation of any communications and outcomes provided by the department. 
 
Given the seriousness of what you've described, consulting directly with an attorney experienced in civil rights or police misconduct could be very beneficial. They can assess the full context of your experience, guide you through your rights, and help determine the best path forward. Pursuing this matter not only seeks accountability but may also protect others from experiencing similar discrimination.

Q: Officer made antisemitic comment during police interaction in Tustin, CA. Do I have a case?