Berkeley College Republicans’ former president, Troy Worden, filed a motion Tuesday against Yvette Felarca, an organizer for national activist group By Any Means Necessary, asking for more than $100,000 worth of damages.
Worden announced his motion in a press release issued by Praetorian Public Relations on Tuesday. The release alleged that Felarca filed a “frivolous” restraining order against Worden that restricted his First and Second Amendment rights and “made it difficult” for him to walk around campus to attend his classes.
“I am glad that we are no longer playing defense and that we are finally going after BAMN for filing this frivolous action,” Worden alleged in the release.
Worden declined to comment on the suit, deferring to his attorney. When asked about the motion, Felarca laughed out loud, adding that her lawyer would issue a statement on her behalf.
The temporary restraining order, which Felarca filed Sept. 7 against Worden for alleged stalking and intimidation, was dismissed Oct. 26. Mark Meuser — an attorney with the law firm Dhillon Law Group, which represents Worden — said the motion filed Tuesday is in the same lawsuit as Felarca’s restraining order. He clarified that Worden is “going back against” Felarca for damages and her attorneys for allegedly filing a “frivolous lawsuit.”
According to Meuser, the motion asks for more than $100,000 in damages from Felarca. Worden also filed a sanctions motion against Felarca’s attorney, Shanta Driver, who is the founder of BAMN. Meuser said the sanctions motion asks that Felarca’s attorney be held jointly liable for the damages. The press release alleged that Driver “should have known that the motion was frivolous” and that it “was brought for the improper purpose of restricting Worden’s rights.”
“The motion for sanctions … is a motion to say, ‘Don’t hold the defendant solely liable for damages — make her attorney liable (as well),’ ” Meuser said.
Meuser alleged that Felarca made several false statements against Worden when she filed the restraining order. He said Felarca testified that Worden made threatening statements against her in a classroom. He added, however, that Worden’s attorneys had presented the court with video footage from the classroom and that Worden did not make any threatening statements in that video.
Felarca also testified that Worden took a selfie with her Feb. 17 and then “made a grimacing face” after the photo was taken, according to Meuser. Meuser said, however, that his team presented the court with evidence that Worden was working for the University of California at the date and time that Felarca alleged this incident occurred.
Meuser said Felarca also testified that Worden “stared at her” on a few occasions when she was handing out flyers on Sproul Plaza. He alleged that Felarca “made up” the two incidents of harassment and used instances of Worden staring at her in public as reasons for the restraining order.
“You are not entitled to a civil restraining order because somebody stares at you in a public place,” Meuser said. “We beat the temporary restraining order … (and) we are now coming against her for the attorney fees and costs in defending Troy.”