BIG ISLAND MAN SUES OVER POT SEIZURE

T

The420Guy

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A Big Island man is suing over a marijuana eradication operation in Puna
this summer.

Honolulu attorney Jack Schweigert filed the lawsuit on Oct. 23 on behalf of
Leilani Estates resident Guy Shepard.

The lawsuit names the defendants only as "John Doe" and "Jane Doe" and
unnamed partnerships and corporations.

It alleges that on July 18 the defendants invaded Shepard's privacy and
violated the Hawaii state constitution by rappelling from a helicopter down
a rope onto Shepard's property and seizing or destroying his medical
marijuana.

According to the lawsuit, Shepard had a prescription for the marijuana for
treatment of "serious debilitating pain."

Shepard suffered injury from the seizure, including emotional distress,
according to the complaint, and is seeking unspecified monetary damages

Shepard told the Tribune - Herald shortly after the incident that he had a
state - issued permit authorizing him to use marijuana for medical purposes.
He said he possessed the seven plants allowed under the permit, but police
cut down three of them. "I ran across with my permit and said, 'I have a
permit, I have a permit,'" he said, adding that a female officer then stuck
one plant back in a pot.

"In two more weeks, I could have gotten at least an ounce and a half off
that plant - enough to last me a couple of months or more," Shepard said.

He said after putting the broken plant back in the pot, the officers left
with two "really immature" plants.

Shepard said the helicopter flew at "tree - top level" over jungle
surrounding his house while searching for more plants. "They were scaring
horses and pets and everything," he said, "'cause they were flying so low."

Shepard said he called the police to report a theft.

"I feel seriously traumatized," he said. "This should not have happened."

Corporation Counsel Lincoln Ashida, whose office represents the county in
lawsuits, said Monday that he hadn't seen the this complaint, which doesn't
specifically name either the county or the Police Department.

Pubdate: Wed, 6 Nov 2002
Source: Hawaii Tribune Herald (HI)
Contact: htrib@hawaiitribune-herald.com
Copyright: 2002 Hawaii Tribune Herald
Website: https://www.hilohawaiitribune.com/
 
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