MEDICAL POT USERS ALLEGE FALSE ARREST

A lawsuit was filed Wednesday against a Big Island police officer who
arrested three Kona residents who were licensed to grow medical marijuana.

The false arrest lawsuit on behalf of Kealoha M.J. Wells, Rhonda M. Robison
and John E. Robison II names Kona vice Officer Mark Farias, and other "John
Doe" and "Jane Doe" defendants.

The suit, filed by Honolulu attorney Jack Schweigert, alleges that Farias
and others "invaded" the plantiffs right to privacy by arresting them on
July 8 for growing marijuana on their property and confiscating their
property, causing them emotional distress.

"Defendants' conduct towards plaintiffs was reckless, oppressive, insulting
and indifferent to their rights and medical needs and done without probable
cause so as to justify an award of punitive damages," the lawsuit alleges.

All three had state permits to use marijuana as medicine. Police later
returned 1 1/2 ounces of processed marijuana but not the 20 marijuana plants
they seized. Police said 11 of the plants were mature - two more than
allowed for three people under the medical marijuana law.

Corporation Counsel Lincoln Ashida said he hasn't seen the lawsuit but will
evaluate it when he does and advise the mayor and County Council.

Meanwhile, a Puna resident who is registered to use medical marijuana said
he also plans to sue because police cut down three of his plants July 18 in
the Leilani Estates subdivision.

"I feel severely traumatized," said Guy Shepard, who uses marijuana to treat
chronic pain.

Shepard was part of a group of Puna and Kona residents who delivered a
petition to Mayor Harry Kim's office Wednesday objecting to the Police
Department's marijuana eradication missions.