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Editor’s Note: This story has been updated to clarify the legal action taken by Diaz and his lawyers.
He was arrested last year for allegations of a child pornography scheme suing San Bernardino County, accusing authorities of uprooting his life, damaging his reputation and potentially targeting his sexuality.
Nicholas Diaz was arrested last November after his home on Grand Terrace was attacked by authorities.
Diaz was a long-time foster parent and lost custody of one of his two adopted children as a result of the attack and subsequent accusations.
But the lawyers representing Diaz say these charges were ultimately dropped and his arrest was at best a result of misidentification, or, at worst, intentional targeting of a single gay parent.
Diaz was the subject of a law enforcement investigation after his only fan account was discovered, according to Ontario-based McCune Law Group.
Authorities viewing the account are said to have found a video they believe they feature minors. This is an allegation that Diaz’s lawyers say it’s not true and is not a possible cause enough to guarantee an assault and accusation at home.
In reality, the claim states that the person depicted in the video “consent with an adult man in his 30s.”
Nicholas Alejandro Diaz can be seen in this indefinite courtesy image provided by McCune Law Group.
The claim, the predecessor of the lawsuit, alleges that the arrest was drafted through the process of trembling and biased detectives’ work, claiming that Diaz was eventually detained at work, “stimulating public humiliation and embarrassment in front of her colleagues.”
He was eventually taken to his home, and authorities began a massive search.
“Diaz offered to voluntarily provide information to the sheriff’s department to resolve what he knew was a mistake,” Suit reads.
His lawyers also alleges that Diaz notified the authorities that his children were inside and that he requested an opportunity to “reassure them.” The request was denied, they said, and the lawmakers approached with a gun painted and forced into the house.
Diaz’s lawyers allege that one of his sons was fixed in his stomach by several law enforcement officers, “tearing the diabetes surveillance device out of the pump and handcuffing the child into a diabetic shock.”
The assault and detention of one son took place in front of Diaz’s second adoptive child. He was also eventually handcuffed and taken outside with his brother, where he was “made to sit on the curb and exposed to his neighbors.”
At the time of her arrest, the San Bernardino County Sheriff’s Office said that foster child was not at home during the search. Diaz’s adoption was not mentioned.
Diaz was eventually placed in jail and detained on $80,000 bail, but his photos were spread to public and local media, including the KTLA, after authorities said there were additional victims who had not yet made progress.
The release of his name and photo led Diaz to lose his job and receive the threat of violence against his family, his lawyer said. Diaz also lost custody of his youngest son and was granted limited visitation rights.
The charges were eventually dropped, and three separate tort claims were filed against San Bernardino County last month on behalf of him and his two adopted children.
The potential lawsuit alleges physical injuries to one of his sons, the emotional trauma caused by the assault and arrest, and serious and irreparable damage to Diaz’s reputation, career and overall well-being of his family.
“Diaz’s case tells the story of his beloved father, a gay man and a proud member of the San Bernardino community. The San Bernardino community has found he has been arrested and publicly humiliated for a crime he did not commit,” McKeun Law Group wrote in a statement provided to KTLA. “Diaz saw his family torn apart by false and biased accusations. His children were physically and mentally injured by the assault and the pain of continuing separation from their parents. They are peace of mind.”
However, his lawyer says he can’t get peace of mind without straightening the record.
“It’s important to tell their true stories in order to protect this family,” the statement concludes.
KTLA reached out to San Bernardino County and the District Attorney’s Office for comment. The DA’s office did not respond to requests for clarification regarding the charges against Diaz. A county spokesman said it was not appropriate to comment on ongoing legal issues.
Government tort claims will be filed on May 14th, with the county having 45 days to respond. If rejected, the lawsuit will proceed, the lawyer said.
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