by Andrew Alonzo | aalonzo@claremont-courier.com

Lawyers for the family of Diego Rios, who died last November following a traffic stop by Claremont police Benjamin Alba and Joshua Orona, have filed a liability claims complaint with the City of Claremont and called on Los Angeles County’s District Attorney to file criminal complaint charges against the pair.

The news came during public comment at Tuesday’s Claremont City Council meeting.

The complaint against the city, a “liability claims report form,” was filed February 17.

“The amount claimed exceeds the limit provided in section 910(f) of the California Government Code,” reads the complaint. “This claim will be an unlimited civil case.”

Claremont City Attorney Alisha Patterson at Tuesday’s City Council meeting. Courier photo/Andrew Alonzo

The complaint alleges Alba and Orona violated Rios’ Fourth Amendment Constitutional rights and police use of force statutes Government Code Sections 7286.5 (A)(1) and (A)(2), which cover choke holds, reading, “A law enforcement agency shall not authorize the use of a carotid restraint or choke hold by any peace officer employed by that agency,“ and “A law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxia.”

The LA County Medical Examiner’s Office ruled Rios’s death a homicide on February 9 and released its report February 12.

The code cited in the complaint against the city is viewable at leginfo.legislature.ca.gov. It goes on to note that carotid restraint “means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.” It also states choke hold “means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.”

The complaint against the city reads in part, “The City of Claremont and the Claremont police department were aware that the above-described tactics were not permitted under California law; specifically, Government Code §7286.5(a)(1)(choke holds) and §7286.5(a)(2) (positional asphyxia), and the City of Claremont and the Claremont police department were barred from allowing the use of such tactics. Despite this statutory bar on such tactics, the City of Claremont and the Claremont Police Department failed to put in place policies, procedures, customs and training which ensured that such tactics were not employed by their officers. On the contrary, as reflected by the use of these tactics by officers Orona and Alba, the use of these tactics was common amongst the officers of the Claremont Police Department. The negligent failure of the City of Claremont and the Claremont Police Department to ensure that their officers followed the statutory restrictions imposed by Government Code §7286.5(a)(1) and §7286.5(a)(2) caused Officers Orona and Alba to believe that the use of such tactics were permitted. As such, the failures of the City of Claremont and the Claremont Police Department to follow these statutory restrictions against authorizing such tactics resulted in the death of Diego Rios … The actions, conduct and omissions of the officers were intentional, indifferent to the health and life of Diego Rios, and/or were so negligent and reckless that Diego Rios died of asphyxia and/or cardiac arrest while in their custody.”

The complaint notes Rios was “experiencing a mental health episode and was hallucinating” during the traffic stop.

“Despite his clear and apparent mental illness, the officers did not ask for backup assistance from other officers in the area, nor did they ask for any mental health specialists or other similar staff to assist in dealing with Diego Rios apparent mental health crisis,” reads the complaint.

Rios family attorney Arnoldo Casillas did not respond to requests for comment.

Rios died November 28, 2025 near the intersection of Andrew Drive and N. Claremont Boulevard after being stopped by Orona and Alba. A detailed account of the traffic stop and its aftermath, and links to video of the incident, is viewable at claremont-courier.com, search “City releases footage of Rios traffic stop death.”

On Wednesday, LA County Sheriff Department’s Homicide Bureau Lieutenant German Ochoa said autopsy and toxicology reports had been received and the case was submitted to the DA’s Justice System Integrity Division last week. Greg Risling, spokesperson for the DA’s office, said the case is under review.

Claremont Public Information Officer Bevin Handel wrote in an email Wednesday that “The incident remains under investigation by the LASD and District Attorney’s Office and is now the subject of a legal claim filed by the Rios family. The City will not be commenting on pending litigation.” Handel previously stated the city will release all findings once they are complete. Claremont City Attorney Alisha Patterson would not comment on the complaint or to questions regarding the employment status of Orona and Alba.

City Manager Adam Pirrie said a memorandum of understanding is being drafted aimed at bringing Tri-City Mental Health Service’s mobile crisis care team to service Claremont and will be brought to City Council in four to six weeks.

The City Council’s next meeting is at 6:30 p.m. Tuesday, March 10 at council chambers, 225 W. Second St., Claremont.