Marijuana Users File to Suit

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The420Guy

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Mar. 23, 00
Record Searchlight
By Maline Hazle
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An Oakland attorney will sue Tehama County on behalf of seven medicinal marijuana patients whose crops were confiscated and destroyed by drug agents last year, he said Wednesday. A $525,000 claim filed by William Simpich was rejected Tuesday by Tehama County supervisors, paving the way for a lawsuit.
''Oh, great that means we can file our lawsuit,'' Simpich said when told of the supervisors' rejection. The claim, the first step toward a lawsuit against the county, contends that since last year Sheriff Clay Parker and his staff have harassed the seven with improper searches, seizures and false arrests. Simpich is seeking $75,000 on behalf of each of his clients.
Tehama County Counsel Nelson Buck declined to comment on the claim Wednesday because of the pending lawsuit. ''We will defend it (the suit),'' Buck said. The claim contends that in April and May, Jason Skjegstad, Chris Ward and other unnamed Tehama County residents went to District Attorney Gregg Cohen's office to tell authorities that they intended to grow marijuana for medicinal purposes. The group provided their names, addresses, copies of their doctors' recommendations and the number and locations of proposed marijuana gardens, the claim says. Ward was told that Cohen would call him if there were problems with their plans, but no phone call was received, the claim says. The claim also contends that: On Aug. 27, after an earlier reconnaissance flight, county deputies seized five marijuana plants from Lou Santoro, who is caregiver to medicinal marijuana user Ron Dobson.
On Sept. 13, deputy Dave Hencratt learned from the district attorney's office that Marjorie Goode and Joyce Evans planned to grow marijuana at a Red Bluff-area residence. The house was searched, and deputies returned and seized marijuana on Sept. 30.
On Sept. 21, deputies seized marijuana plants, guns and equipment belonging to Ward and Skjegstad. No charges were filed, but the seized items have not been returned. Deputies arrested Santoro on Jan. 21, accusing him of illegal cultivation and charging that he is not a proper caregiver under Proposition 215, the Compassionate Use Act approved by voters in 1996. ''We're not interested in making millions of dollars,'' Simpich said Wednesday. ''What we're interested in is getting them to sin no more.''
Simpich also represents medicinal marijuana patient Richard Levin of Redding, in a lawsuit against Shasta County. Levin, 49, was acquitted in December on a charge of cultivation of marijuana for sale. He is suing the county, two sheriff's deputies and a jail doctor for alleged wrongful arrest and mistreatment after his arrest. He also seeks to prevent prosecution or other action against anyone for possessing or growing marijuana unless authorities first make sure that the person is not protected by Proposition 215.

Reporter Maline Hazle can be reached at 225-8266 or at mhazle@redding.com Red Bluff: Published: Thursday, March 23, 2000 © 2000 Record Searchlight - The E.W. Scripps Co
 
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