Jones says he was wearing earphones and running when he noticed a Border Patrol agent traveling toward him. At this point, he turned back to his wife and stated, "I think that Border Patrol agent is flying down the hill toward me for some reason." It was the same agent that they had encountered when they had initially arrived at the beach, the same agent who reportedly told them that it was okay to park where they were.
"Defendant Hernandez got out of his patrol vehicle, shouting to Mr. Jones to 'turn the f**k around,'" Jones says in the complaint, continuing, "Offended, Mr. Jones replied, 'What's your f**king problem?'" Jones then jogged over to his wife and child.
The officers then concocted a story about how Jones had assaulted a federal agent. Jones said it was false, and was then handcuffed and thrown into the back of a vehicle where he was given a “rough ride,” meaning they drove erratically, in an attempt to hurt him.
Jones was jailed for 16 hours, and allegedly denied access to an attorney. The plaintiff also claims that he was threatened with being strapped to a chair and hooded.
"This extreme anguish was compounded by the acute anxiety Mr. Jones felt at being separated from his wife and young child, and upon overhearing Border Patrol agents at Imperial Beach station laughing at him while he sat in his cell (for example, saying in mocking tones, 'He says he's an American.')," the complaint reads.
Jones claims that he was not given paperwork upon his release, and is suing for unconstitutional detention and arrest, excessive force and unconstitutional search.