A man arrested last year on allegations of child pornography has filed a lawsuit against San Bernardino County, accusing authorities of uprooting his life, damaging his reputation and potentially targeting him over his sexuality.
Nicholas Diaz was arrested last November after his home in Grand Terrace was raided by authorities.
Diaz was a longtime foster parent, and as a result of the raid and ensuing charges, lost custody of one of his two adopted children.
But the attorneys representing Diaz say those charges were eventually dropped, and his arrest was the result of, at best, misidentification, or, at worst, deliberate targeting of a single gay parent.
According to Ontario-based McCune Law Group, Diaz became the subject of a law enforcement investigation after the discovery of his OnlyFans account, an online subscription service typically used for homemade production of adult content.
Authorities viewing this account allegedly found a video that they believed featured a minor—an allegation that Diaz’s attorneys say was not true, and not sufficient probable cause to warrant a raid at his home and charges.
In reality, the lawsuit states, the person depicted in the video was a “consenting adult male in his 30s.”
The lawsuit alleges that warrants were drafted for his arrest through a process of shoddy or biased detective work, ultimately leading to Diaz being taken into custody at his workplace, “causing him public humiliation and embarrassment in front of his colleagues.”
He was eventually taken to his home, where authorities began an extensive search.
“Mr. Diaz offered to voluntarily provide the Sheriff’s Department with any information to clear up what he knew was a mistake,” the suit reads.
His attorneys also allege that Diaz informed authorities that his children were inside, and that he had requested the “opportunity to reassure” them. That request was denied, they said, and deputies approached with guns drawn and forcibly entered the home.
Diaz’s attorneys claim one of his sons was pinned down on his stomach by several law enforcement officers, and had his diabetes monitoring device “ripped out of the pump, causing the child to go into diabetic shock after he was placed in handcuffs.”
The raid, and the detaining of one son, happened in front of Diaz’s second adopted son. He was also eventually handcuffed and taken outside alongside his brother, where they were “made to sit on the curb, exposed to their neighbors.”
At the time of his arrest, the San Bernardino County Sheriff’s Department said no foster children were at home at the time of the search; there was no mention of Diaz’s adopted children.
Diaz was eventually booked into jail and held on $80,000 bail, while his photo was disseminated to the public and local media, including KTLA, after authorities stated there may be additional victims who’ve yet to come forward.
The release of his name and photo led to Diaz losing his job, as well as receiving threats of violence against his family, his attorneys said. Diaz also lost custody of his youngest son and was granted only limited visitation rights.
The charges were eventually dropped, and last month, three separate claims were filed against San Bernardino County on behalf of him and his two adopted sons.
The lawsuits allege physical injury to one of the sons, emotional trauma caused by the raid and the arrest, as well as significant and irreparable damage to Diaz’s reputation, career and the family’s overall well-being.
“Mr. Diaz’s case tells the story of a loving father, gay man, and proud member of the San Bernardino community, who found himself arrested and publicly humiliated for crimes he did not commit,” McCune Law Group wrote in a statement provided to KTLA. “Mr. Diaz saw his family torn apart by false and biased accusations. His children were physically and mentally harmed by the raid, and by the pain of ongoing separation from their parent. They are owed peace of mind.”
But his attorneys say that peace of mind can’t be obtained without setting the record straight.
“To protect this family, it is crucial that we tell their true story,” the statement concludes.
KTLA has reached out for comment from San Bernardino County and the District Attorney’s Office. The D.A.’s Office did not respond to a request for clarification regarding charges against Diaz; a County spokesperson said it would not be appropriate to comment on the ongoing legal matter.