The claim was turned down by the City Council in a closed session meeting on Oct. 22 by a vote of 6-0 to 1.
In 2022, Pedro Rivera De Leon was charged with felony child abuse after his son Ayden Rivera Gonzalez drowned in the pool at his apartment pool. The claim says that all of Rivera’s charges were dropped by the Superior Court of Santa Clara County in August of last year.
The lawsuit is against city leaders and police officers. It claims unfair prosecution, false arrest and imprisonment, intentional infliction of emotional distress, abuse of process, battery, and malicious prosecution. It also talks about other kinds of harm, like pain and suffering, losing an image, losing money, feeling scared and anxious, and losing friends.
Rivera has already made a claim against the city before. A wrongful death claim was made by both Rivera and the boy’s mother in September 2022. They asked for $7.6 million in damages for mental distress and other things. At the time, the city said no to both claims.