The city of Salem claims a woman at the center of a federal excessive force lawsuit was interfering with a police investigation and that she was responsible for her injuries instead of the Salem police officer who responded to her home. An attorney representing the city and Salem police officer J ohn Diaz has asked a judge to dismiss the lawsuit filed by Angela Hernandez and her two adult children, Angel Hernandez and Josefina Valdez. The suit, filed in November, accuses Diaz of excessive force when he responded to a 911 call at the family’s West Salem apartment on Aug. 23, 2024. The city’s attorney, Andrew Campbell, argued that Hernandez, the mother, tried to “direct and control police” as officers on scene investigated an accidental 911 call that was made during a fight between her children. When she attempted to push Diaz out of the way to get inside her family’s apartment, she fell to the ground, Campbell wrote in the city’s response to the lawsuit, filed Feb. 20 in Portland U.S. District Court. The family is seeking $900,000 in non-economic damages for mental and emotional distress, along with $50,000 for economic damages, including medical bills and lost wages, the lawsuit said. The lawsuit names Diaz and the city of Salem. After Hernandez’s two children had gotten into an argument, her son, Angel Hernandez, unintentionally activated a feature on his phone that automatically calls 911, the family’s lawsuit claimed, before quickly ending the call. It is standard police department procedure for officers to respond to hang-up 911 calls to determine whether it was intentional or not, as hang-ups can often be made during serious crimes in progress and domestic violence situations, police spokesman Sgt. Jon Hardy previously told Salem Reporter. Hernandez, the mother, came home soon after and separated her children to calm them down from the argument, according to the lawsuit.  The suit claims that the family’s home was calm by the time police arrived on scene, and that Hernandez was trying to keep her children separate and prevent male officers from speaking to her daughter, Valdez, alone. The city in its motion denied the scene was calm when officers arrived but did not elaborate. After a female officer went inside to speak with Valdez, a male officer followed into the apartment to “stand by with (the female officer) until she safely emerged from the apartment,” Campbell wrote in the city’s response. “(Hernandez) stood up to go up the stairs to remind the officers that she did not want male officers in the home with (Valdez),” the family’s lawsuit said.  The city described Hernandez as trying “to direct and control police” as they investigated. As she climbed the stairs to enter her apartment, Diaz told Hernandez she couldn’t go inside as it was a crime scene. The family’s lawsuit claims Diaz then tripped Hernandez and grabbed her by the throat and wrist before twisting her arm behind her back. The city denied that Diaz tripped Hernandez, and argued she tried to push the officer out of the way, and fell on the ground as a result, the response said. Diaz put Hernandez in handcuffs for interfering with a peace officer. She was booked into the Polk County Jail, released hours later and was never charged with a crime. Hardy said he couldn’t comment on specific details of the incident because of the open lawsuit. He confirmed there is police body camera footage from the call. The family’s lawsuit argues that Diaz caused nerve damage to Hernandez’s hand, arm and shoulder, along with spinal damage. The lawsuit also claimed her son, Angel Hernandez, suffered bruising and a back injury after other officers on the scene pushed him to the ground at one point. The city denied this happened.  In defense of Diaz, the city said the officer had probable cause to believe Hernandez “committed one or more criminal offenses” and used reasonable force in arresting her. Diaz is also entitled to qualified immunity for “some or all” of the family’s claims against him, the city argued. That’s a legal doctrine which means government officials, including police officers, can’t be held personally liable for their actions while acting in an official capacity, so long as they don’t violate “clearly established” rights.  The lawsuit was originally filed in Marion County Circuit Court. It was moved to federal court following a city motion, Hardy said. State and federal court records do not show record of the motion, but show the lawsuit was filed in federal court Dec. 3, where it is classified as a civil rights case. Hardy did not answer questions about why the city asked for the case to be moved or when officials filed the motion.  Kevin Lafky, the family’s attorney, did not provide comment in response to the city’s response. Diaz is currently employed by the Salem Police Department, Hardy said. Oregon Department of Public Safety and Standards Training records show that Diaz has worked at the department since 2001. He has been on a leave of absence since August 2025, the state agency’s records show. Hardy previously told Salem Reporter he had no information about what the leave was for. PREVIOUS COVERAGE: Family files $1 million excessive force suit against Salem police Contact reporter Madeleine Moore: [email protected]. LOCAL NEWS DELIVERED TO YOU: Subscribe to Salem Reporter and get all the fact-based Salem news that matters to you. Fair, accurate, trusted – SUBSCRIBE. The post City of Salem denies officer at fault for woman’s injuries during 911 call response appeared first on Salem Reporter. ...read more read less