SAN DIEGO — A San Diego man is suing the city's police department for negligence and brutality after smashing his car window during a routine traffic stop off the 805 freeway in Southcrest.
He served nearly a decade for conspiracy to commit murder. That charge was overturned, but is currently still on his record. He says that, in addition to his skin color, has made him a target.
On May 9, 2024, San Diego Police Officers pulled over 31-year-old Nicholas Hoskins for not making a complete stop at an intersection.
Within minutes, six police cruisers arrived at the scene. Officers immediately demanded to search Hoskins' vehicle. It was the fourth time police stopped Hoskins in 14 months.
Hoskins immediately pressed record on his cellphone which was mounted on his dashboard.
Hoskins calmly told officers he was on his way to pick his son up from the bus stop. When officers insisted on searching his car, Hoskins requested to speak to the officer's supervisor.
"I was a black man, in the wrong neighborhood, at the wrong time, when they felt like abusing their power," Hoskins said.
He is a San Diego native, father of two, friend to many and a construction worker who likes bowling and golf.
"I'm trying to find a career, so I can survive in San Diego and support my kids," Hoskins added.
After being wrongfully convicted, he was released from prison in 2023, but had another recent run-in with law enforcement.
He asked officers, "What is the probable cause for a search?" An officer can be heard saying, "I'm going to break your window if you want to play this game?"
Hoskins tells the officer, "I just came from the park and I'm about to go pick up my son from school."
He's now accusing the San Diego Police Department of excessive force, an illegal search and an unlawful arrest.
"I'm a law abiding, tax paying citizen. I am not on paperwork or parole, I am not doing anything wrong," he added. "I feel racially profiled, demeaned, emasculated, the list goes on."
Hoskins says he stayed calm and complied, just to survive.
"I know in situations like that not to move to fast, because that could have got me killed."
His son by the way, was eventually picked up from school that day. Law firm McKenzie Scott has taken on the case.
"We were outraged by the conduct we saw in the video. It's super violating and humiliating, and really unfortunate. I do not know what the basis was in this situation to believe he was armed and dangerous, other than he was black," Lawyer Michelle Angeles said.
They are accusing SDPD of racial profiling and say the goal of the lawsuit is accountability.
"The black community is being stopped at a higher rate, they're being searched at a higher rate, excessive force is being used at a higher rate," Angeles added.
The San Diego Police Department says they do not comment on pending litigation.