Rev. Jorge Bautista has fired his opening legal shot after he says a federal agent nailed him with a projectile during an October protest at the entrance to Coast Guard Island. His legal team has filed a federal tort claim seeking $5 million in damages and attached documents that the filing says show an agent aiming at Bautista moments after the impact. The claim kicks off a formal pre-litigation process that could end in a settlement or a lawsuit, depending on how federal officials respond within the required deadlines.
Pastor files federal tort claim
As reported by The Oaklandside, attorney Emily Rose Johns submitted a Standard Form 95 to federal authorities on Tuesday, naming Bautista as the claimant and seeking $5 million for physical injuries and trauma. Johns also attached a detailed letter and says she filed a complaint with the California attorney general, along with a Freedom of Information Act request aimed at identifying the agent who fired the round. The Oaklandside reviewed the claim packet and the supporting documents.
What happened at Coast Guard Island
The confrontation unfolded on Oct. 23 when demonstrators gathered at the Dennison Street entrance to Coast Guard Island and federal agents drove into the crowd, according to the S.F. Chronicle. Video and eyewitness accounts show agents deploying flash-bang devices and firing chemical impact rounds. The Chronicle reported that Bautista was struck in the chin by a pepper round while he and other clergy members were attempting to calm things down. The protest later escalated into a broader standoff that included a separate late-night shooting involving a U-Haul, drawing attention from the FBI and local authorities.
Photos, FOIA and official response
The Standard Form 95 submitted on Bautista's behalf included a photograph credited to Jerome Parmer that the filing says captures a federal agent pointing a weapon at Bautista's head just after the projectile hit, according to The Oaklandside. The claim also asserts that, as of the filing date, the Oakland Police Department had not created a report documenting the incident. Officials with the Department of Homeland Security have previously defended the officers' tactics, saying they "provided ample notice" and "used appropriate force," according to the outlet.
How the federal claim process works
The Standard Form 95 is the routine administrative vehicle for filing a demand under the Federal Tort Claims Act, and agencies typically have up to six months to investigate, settle or deny such claims, per the U.S. Department of Justice. If an agency formally denies the claim, or simply does not act within that six-month window, the claimant can then file a lawsuit in federal court, subject to additional timing and jurisdiction rules described by the Congressional Research Service. That timeline gives Bautista's attorney room to either negotiate a settlement or convert the claim into a federal case, depending on the government's move.
Local reaction and next steps
Bautista told reporters after the October clash that he came to the protest to "bear witness" and help keep the gathering peaceful, and he has said he plans to continue showing up at demonstrations, the S.F. Chronicle reported. Local coverage has also tracked the larger fallout from the day's events, including when Federal agents stand down at Coast Guard Island, which fed into a wider debate over federal enforcement tactics in sanctuary cities. For now, Bautista and his attorney have steered the dispute into the administrative process and are waiting for both the FOIA response and the federal agency's review of the claim.
If the government treats the filing as a denial after six months, or explicitly rejects it in writing, Bautista may be able to pursue a federal lawsuit seeking damages. Until then, the claim documents, the contested photograph, and any official response will be key items watched by local advocates and civil-rights attorneys who are tracking how federal force is used at protests.
