A local family has filed a lawsuit against the Sacramento County Sheriff's Department, alleging employee misconduct stemming from an arrest in 2014.
Julie Del Agua said a neighbor called the Sheriff's Department with a loud music complaint early in the evening on Feb. 7, 2014. She said her husband, Martin Del Agua was listening to music with their children in their enclosed garage.
"I was sitting at the dining room table and I was only 15 feet from the music and I didn't hear it," Julie said.
"I turned down the music, you know?" Martin said.
The Del Aguas said what happened after that snowballed into something much larger.
The encounter between Martin and Sacramento County Sheriff's deputies was captured on home surveillance video. It appeared that a deputy approached Martin from behind, shoved him into a trashcan and then onto the hood of his car.
Julie said the deputies told her he was arrested for being drunk in public, but that he was never formally charged with anything.
"He wasn't in public. He was in the garage, completely closed off," Julie said.
The family filed a lawsuit against the Sacramento County Sheriff's Department Friday. They are alleging unlawful arrest, excessive force and violation of the Trust Act, since Martin was still jailed for three days on an immigration detainer request.
"There was no lawful reason reason for him to stay in jail," Julie said.
The family said they are seeking damages the time Martin was forced to spend away from his children.
"I looked out the window and I saw they put him in the car and they left but that was it. It was very, very sad," Martin's son Nicolas said.
"Like he said, it's sad and I missed the little ones," Martin said.
The Del Agua's attorney sent FOX40 a copy of letter from Sacramento County Sheriff Scott Jones. The attorney said in this letter Jones admitted that during an internal investigation, the department found evidence to support their claim of employee misconduct.
Sunday the Sacramento County Sheriff's Department said they were not available to make a comment.
"They need to take responsibility for their lack of following the law," Julie said.