KUBBY FILES $200 MILLION LAWSUIT

Steve Kubby filed a multi-million dollar lawsuit against Placer County
law-enforcement officials this week, opening a new chapter in an ongoing
court battle over a 1999 drug raid on his Squaw Valley home.

In the lawsuit, the medical marijuana advocate and former Libertarian Party
candidate for governor charges the county, Sheriff Ed Bonner, District
Attorney Brad Fenocchio and other defendants with violating his civil
rights, as well as the civil rights of wife Michele and his children. The
lawsuit also charges county officials with maliciously harming him and his
family.

Filed in Placer County Superior Court Monday, the lawsuit seeks more than
$200 million in damages and compensation.

Placer County Counsel Tony La Bouff said Wednesday he hadn't seen the
lawsuit yet, but he is nonetheless confident Kubby will not prevail in the
courtroom.

"He'll lose," La Bouff said. "He doesn't have a leg to stand on."

La Bouff emphasized his comments were based on the legal issues raised by
the Kubby case.

"I understand his political point of view, and that's a different issue,"
La Bouff said.

In the lawsuit, the 53-year-old Kubby argues county officials are guilty of
assault and battery, trespass, false imprisonment and other crimes as a
result of the 1999 raid and subsequent events.

"Government officials, and especially police, have to know that, if they
pursue their drug war, which is a total violation of everything that
America is supposed to revere, they will be held accountable," Kubby said.
"This lawsuit holds them accountable."

During the 1999 raid, law enforcement officials discovered 265 marijuana
plants in the Kubby home.

Afterward, he and his wife were charged with almost two dozen felonies.
Kubby said he used marijuana to treat cancer, emphasizing the plants were
for medicinal use under Proposition 215.

Charges that Kubby possessed marijuana for sale were dismissed after a
mistrial was declared and the District Attorney's Office decided not to
seek a new trial.

Kubby was convicted of possessing magic mushrooms and peyote and sentenced
to serve 120 days in jail. He is scheduled to start his term July 2.

Several weeks ago, Kubby told court officials he will not accept those
convictions or comply with terms of probation, saying compliance would harm
his health.

He currently resides in Canada, and said this week he isn't sure he will
return to the United States.

Recently, the state Attorney General's Office announced it plans to appeal
a judge's decision to reduce Kubby's convictions on the mushroom and peyote
charges from felonies to misdemeanors.


Newshawk: Jay Bergstrom
Pubdate: Fri, 22 Jun 2001
Source: Auburn Journal (CA)
Copyright: 2001 Auburn Journal
Contact: ajournal@foothill.net
Website: http://www.auburnjournal.com/
Details: http://www.mapinc.org/media/530
Author: Mike Fitch, Journal Staff Writer