Bay City News
It was a Valentine’s Day from hell.
According to a complaint filed Friday in federal court, Tom Mosgrove spent Valentine’s Day in 2022 in Santa Clara County jail after his then-wife called the police and reported that he pushed her into a closet and blocked her from leaving.
Tom Mosgrove claims that he was not an instigator of the incident and never touched his wife nor did anything of a violent or threatening nature that night, but the police arrested him anyway because of a county policy that allegedly requires someone to be arrested when police respond to a domestic violence incident, even if there is no probable cause to arrest.
Tom Mosgrove’s suit alleges that the county policy — set out in something called the “Domestic Violence Protocol” — is unconstitutional and what happened to him was a violation of the Fourth Amendment’s prohibition on unreasonable searches or seizure.
Tom Mosgrove alleges that his 25-year marriage to Wendy Mosgrove had deteriorated by February of 2022 and the parties were discussing divorce.