LAKE COUNTY, Calif. – Nine plaintiffs in a federal court case filed against the county of Lake over raids of their marijuana plants are now seeking monetary compensation.
San Francisco attorney Joe Elford said in a statement that he filed tort claims for the nine individuals – Mona Allen and husband Preston Warren, Carl Ray Harris, Jonathan Holt, Shaun Jones, Scott Outhout, Elvin and Nina Faye Sikes, and Nicole Van Schaick – on Oct. 31.
The Board of Supervisors Office confirmed receipt, by mail, of the nine claims on Monday.
The tort claims seek a total of $626,000 in damages as the result of raids that occurred on Aug. 1 and targeted Clearlake Oaks – where Harris and Outhout live – and the nearby Spring Valley community, where the other seven plaintiffs reside.
The breakdown of the damages includes a total of $126,000 for the 83 plants taken from the nine plaintiffs.
The remaining $500,000 is sought as part of “past and future emotional distress and damage to reputation.”
The plaintiffs also are seeking an unspecified amount of attorney's fees.
On Oct. 15, U.S. District Court Judge Thelton Henderson granted the plaintiffs a preliminary injunction preventing Lake County authorities, including the Lake County Sheriff’s Office, from continuing the warrantless raids, as Lake County News has reported.
“The county is not above the law, and it has an obligation to respect people’s constitutional rights when carrying out local policy or pay the consequences,” Elford said in a written statement.
The plaintiffs argued that they gave no consent for searches of their property – and, in some cases, weren't present – when law enforcement officials arrived and subsequently seized the plants.
During an August Board of Supervisors meeting, law enforcement officials reported that approximately 30 properties in Spring Valley had been inspected on Aug. 1 for compliance with Measure N, the ballot measure approved by voters in June that bans outdoor grows in community growth boundaries.
The enforcement of Measure N – which went into effect on July 11 – is up to the Lake County Sheriff's Office.
While the measure includes a nuisance and abatement process with written notices and time for property owners to take action, it also includes a summary abatement clause for cases that present immediate danger to health and safety.
In an Aug. 13 email exchange obtained by Lake County News, Daniel McLean – a proponent of a new marijuana measure on the Nov. 4 ballot – questioned Sheriff Frank Rivero about the summary marijuana abatements, pointing out that Measure N’s language includes a nuisance and abatement process with a five-day written notice required before any action is taken.
Rivero, in turn, quoted the summary abatement clause as justification for the actions by law enforcement.
It was that summary abatement process which was used in the case of the plaintiffs, and Judge Henderson's ruling found that county officials had no need to use it in these cases.
"This case has made clear that law enforcement, when given such unbridled discretion, will use it to deprive citizens of their constitutional rights," said Elford.
Rivero, who lost his bid for reelection in June, was the focus of a previous lawsuit involving his actions with regard to marijuana, including his arrest of four young men in November 2011 for the alleged sale of $3 worth of marijuana.
In another case, Rivero took part in a marijuana raid on a Lower Lake property in August 2013, where he refused to look at the medical recommendations for the plants and personally violated the Miranda rights of a Kelseyville man in charge of the grow.
The District Attorney’s Office later threw out the criminal case Rivero’s office filed against that grower because of the Fifth Amendment right to counsel violation.
County Counsel Anita Grant was not available for comment on the case, but has explained in past interviews that the county tort claim process includes a 45-day period in which the county may take action to accept or reject the claims.
The process begins with a filing to the Board of Supervisors Office. The claims are then forwarded to the third-party authorized agent that handles claims for the county.
If rejected – which tends to be the typical outcome for tort claims – the plaintiffs would then have six months to file suit against the county.
The breakdown of the plaintiffs' claims for damage follows.
– Mona Allen: Six mature and six immature marijuana plants; $13,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Carl Ray Harris: Nine marijuana plants; $9,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Jonathan Holt: 15 immature marijuana plants; $15,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Shaun Jones: Six marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Scott Outhout: Four marijuana plants; $15,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Elvin Sikes: 12 immature marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Nina Faye Sikes: 12 immature marijuana plants; $12,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
– Nicole Van Schaick: 25 marijuana plants; $25,000 for compensatory damages; $100,000 for past and future emotional distress and damage to reputation.
– Preston Warren: Six mature and six immature marijuana plants; $13,000 for compensatory damages; $50,000 for past and future emotional distress and damage to reputation.
The federal case is continuing to move forward, with the plaintiffs scheduled to present their motion to amend their case at a Dec. 1 hearing. Case management conferences also are set for January, according to court records.
Editor's note: The Outhout tort claim has two different totals listed. The first paragraph says he is seeking $60,000, however the damages detail in the claim totals $65,000. Lake County News based its tally of total damages on the damages details of all claims.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
Plaintiffs in federal marijuana lawsuit file tort claims for damages against county
- Elizabeth Larson
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