SAN DIEGO — Chu Ding, a 53-year-old agent with the U.S. Department of Homeland Security, had just finished a Costco run when he noticed a pickup stopped in the parking lot blocking his car.

He tapped on the passenger window to indicate to the driver that he was leaving and that he could take his space. The truck moved away a few feet but quickly reversed course and blocked Ding again.

This time, Ding got out of the car and tapped the bed of the pickup, a videotape of the encounter shows. The driver emerged from the truck, yelled a racial slur and pushed Ding, a sweeping new civil-rights lawsuit alleges.

Moments later, the man slammed Ding to the ground, the legal complaint says.

Within minutes, Ding was handcuffed and detained by San Diego police. His head ached from what would be diagnosed as a concussion. His shoulder was dislocated. Soon, he was arrested on suspicion of felony resisting arrest.

Twelve-plus hours passed before Ding was released, the lawsuit alleges, and only after paying almost $2,000 in bail and being forced to write an apology letter to the man who allegedly attacked him — San Diego police Officer Jonathan Ferraro.

“For five hours, defendants denied Mr. Ding food, water and medical care, pressuring him to sign an apology letter to Ferraro,” states the lawsuit, which also names four other officers, Chief Scott Wahl and the department as defendants.

“Not a single defendant asked Mr. Ding what had occurred,” it says.

The encounter between the off-duty law enforcement officers took place in the parking lot of the Costco in Carmel Valley two days before the Fourth of July last year, according to the 42-page complaint filed July 1 in San Diego federal court. It accuses the city and officers of assault, wrongful detention, false arrest and numerous other claims.

According to the lawsuit, detectives viewed the Costco parking lot footage soon after arriving on scene but never questioned Ding. He sat handcuffed in the back of a patrol car for hours.

Ding was informed of his arrest at the scene but not immediately taken to jail, the lawsuit says. Instead, San Diego police took him to the nearby police station and told him to write a formal apology to Ferraro, the suit says.

He fumbled around for some time, unable to write clearly due to his injuries, the lawsuit says. He also was struggling with confusion from the concussion, sharp pain from his dislocated shoulder and dehydration from lack of water, the complaint says.

Only after the apology did San Diego police allow Ding to seek medical attention, his lawsuit states. He was transported to an emergency room and treated for his multiple injuries.

Police tried to cuff Ding’s hands behind his back even though he was wearing a sling, but the doctor intervened, the suit says. They handcuffed him with his arms in front on his way to jail.

Ding spent a total of nearly 13 hours in custody before he was able to post bail. After reviewing the case submitted by police, the District Attorney’s Office declined to file any criminal charges.

“Plaintiff suffered severe emotional distress, and the outrageous conduct was the cause of the emotional distress suffered by the plaintiff,” the complaint says. “The conduct of defendants also amounts to oppression, fraud or malice and punitive damages should be assessed.”

The lawsuit cites several previous excessive use-of-force cases and officer-involved shootings that allegedly show misconduct or other violations by employees, and claims that Wahl and other officials helped them and the department avoid accountability.

“The San Diego Police Department has a long history of the use of excessive and unnecessary force,” the lawsuit states. “It has a long history of supervisors acquiescing to the misconduct of their subordinates.”

Neither the department nor the City Attorney’s Office immediately responded to requests for comment on the July 2, 2024, incident. Ding is seeking general and punitive damages as well as legal fees and other costs.

Ding’s bosses at Homeland Security opened an investigation after they saw his name turn up on an overnight jail booking log released by the Sheriff’s Office.

He was cleared following a nine-month probe, but because the investigation was confidential, along with its results, his coworkers still regard Ding with suspicion, according to the complaint.

“Mr. Ding continues to live in the shadow of the embarrassment caused by these defendants,” the lawsuit says.

Neither the city nor the officers has yet responded to the complaint.

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