tbt* photographer suing Rihanna, Chris Brown

ST. PETERSBURG -- A tbt* photographer will seek $1-million in a lawsuit against R&B stars Rihanna and Chris Brown, alleging their bodyguards beat him and stole his camera in May.

Luis Santana, 26, is seeking the money to replace a $3,000 camera that was broken and stolen; to pay for the photos he lost; and to compensate him for his injuries and emotional distress, said his attorney, Paul Kimsey.

The lawsuit, being filed today, is based on a May 6 incident as Brown and Rihanna celebrated his 19th birthday at Vintage Ultra Lounge in St. Petersburg. The club and three alleged attackers also are named as defendants in the suit.

Santana took at least one picture of the stars through an open window of their limo, Kimsey said. Then bodyguards working for Brown, Rihanna and Vintage Ultra Lounge chased Santana, forced him to the ground and stole his camera, breaking it in the process, according to Kimsey.

"This is America. It’s called the First Amendment. If you’re in public, you’re subject to being photographed," Kimsey said. "Everyone is, celebrity or not."

Kimsey says the most significant loss was the picture that Santana took of Brown and Rihanna as they left the club, Kimsey said. The two have not publicly confirmed they are dating, and the photograph would have been valuable because it showed Brown and Rihanna together on Brown's birthday. Kimsey said the picture was evidence of their relationship because it showed Brown in the Tampa Bay area solely to be with Rihanna, who performed as an opening act for Kanye West the previous night.

Santana is a 32-hour employee of tbt*, a tabloid published five days a week by Times Publishing Co.

"I just don’t want them to get away with it," Santana said. "That’s not right. I wasn’t doing anything wrong."

The state attorney’s office is not prosecuting because witnesses provided too much conflicting information to identify the suspects beyond a reasonable doubt, said Bruce Bartlett, chief assistant state attorney. Criminal cases must meet a higher standard of proof than civil cases to hold someone responsible.

St. Petersburg police referred a charge of strong-arm robbery to the state attorney's office, but when prosecutors brought witnesses in to interview them in more detail, they gave contradictory information. None of the witnesses knew the suspects by name and identified them by articles of clothing, Bartlett said. The chaotic scene, just after bar closing time in downtown St. Petersburg, probably contributed to the confusion, Bartlett said.

Police also presented Santana with photos of possible suspects, but he was unable to make a clear identification, Bartlett said. Instead, he pointed out the defendant and said the picture "looks like him," Bartlett said.

“We’re not saying it didn’t happen,” Bartlett said. “We’re saying we can’t really show it because everybody’s giving us different stories.”

The St. Petersburg Times did not join the suit as a co-plaintiff because the injuries suffered were to Santana, said Times attorney Alison M. Steele.

"He has a right as a citizen to seek redress for being beaten up," she said. "We stand behind him."

Stephanie Garry, Times Staff Writer

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