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News (Media Awareness Project) - US CA: Marijuana Users to File Suit
Title:US CA: Marijuana Users to File Suit
Published On:2000-03-23
Source:Redding Record Searchlight (CA)
Fetched On:2008-09-04 23:54:30
MARIJUANA USERS TO FILE SUIT

RED BLUFF --97 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.
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