The General
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California - Vallejo's facing another lawsuit by a former medical marijuana dispensary operator who claims the city violated his civil rights by raiding his collective last year. In a Solano Superior Court lawsuit, Greenwell, Inc. founder Matt Shotwell alleges the city, Mayor Osby Davis and the Vallejo Police Department violated his civil rights -- including his right to free speech -- by targeting his dispensary for raid and closure in retaliation for his outspoken advocacy for local taxation and regulation of medical cannabis.
Greenwell was the first of at least six Vallejo dispensaries police raided last year. Federal and state agencies also participated in some raids. However, all of the cases fell apart because, lawyers argued, the dispensaries were in compliance with state law. I had to wait until after all of my criminal charges were dropped to file a civil suit, and now the city must answer for its wrongful actions," Shotwell told the Times-Herald on Friday.
Greenwell, which no longer has a storefront, is the second nonprofit collective to sue the city in connection to last year's raids; Homegrown Holistic Collective, Inc., served the city with a lawsuit last month alleging abuse of power and negligence, among other complaints. Greenwell's lawsuit, filed Nov. 1, by Oakland attorney Kevin Brunner, names the city, Davis, former police chief Robert Nichelini and police officer Robert Knight as defendants.
Attempts to reach City Attorney Claudia Quintana were unsuccessful Friday afternoon. Davis, meanwhile, said the allegations directed at him are "absolutely false." "I would say that nothing could be further from the truth," Davis said. "It's ridiculous and it's the kind of thing that attorneys put in lawsuits to sensationalize their complaints." Davis, an attorney, excluded himself from that generalization. Police department officials have repeatedly said the raids were justified and lawfully conducted. Shotwell and other critics of the raids, however, contend police misstated facts and ignored state law in obtaining search warrants.
Among other allegations, the lawsuit claims Davis and Nichelini "selectively targeted the most outspoken" dispensary directors who'd voiced support for the city's medical-marijuana tax initiative, which voters passed overwhelmingly just months before the raids started. Shotwell claims police officers were directed to raid those dispensaries, seize their assets and arrest their directors -- despite allegedly knowing the establishments operated in full compliance with California law.
The lawsuit further alleges Shotwell was re-arrested after the raid without a warrant. Following his initial arrest, Shotwell was freed after posting $100,000 bail. However, he was re-arrested hours later because, police said, there had been a clerical error resulting in him being freed without a hearing to determine his bail money was clean. Superior Court Judge Allan Carter acknowledged the impropriety of the hold on Shotwell's release at a subsequent bail hearing. Shotwell also alleges Knight and the police department requested he be confined in an "extreme" manner during his 10 days in jail, where he was held in segregation and confined in a cell for 23 hours a day.
The lawsuit seeks compensatory damages for lost wages and benefits to Shotwell, and for property destroyed when seized by police -- including hundreds of marijuana plants. It also seeks compensation for the loss of future business and general damages for emotional distress, pain and suffering, and legal fees.
News Hawk - The General @ 420 MAGAZINE ®
Source: Timesheraldonline.com
Author: Tony Burchyns
Contact: Contact Us - Vallejo Times Herald
Website: Medical marijuana advocate sues Vallejo - Vallejo Times Herald
Greenwell was the first of at least six Vallejo dispensaries police raided last year. Federal and state agencies also participated in some raids. However, all of the cases fell apart because, lawyers argued, the dispensaries were in compliance with state law. I had to wait until after all of my criminal charges were dropped to file a civil suit, and now the city must answer for its wrongful actions," Shotwell told the Times-Herald on Friday.
Greenwell, which no longer has a storefront, is the second nonprofit collective to sue the city in connection to last year's raids; Homegrown Holistic Collective, Inc., served the city with a lawsuit last month alleging abuse of power and negligence, among other complaints. Greenwell's lawsuit, filed Nov. 1, by Oakland attorney Kevin Brunner, names the city, Davis, former police chief Robert Nichelini and police officer Robert Knight as defendants.
Attempts to reach City Attorney Claudia Quintana were unsuccessful Friday afternoon. Davis, meanwhile, said the allegations directed at him are "absolutely false." "I would say that nothing could be further from the truth," Davis said. "It's ridiculous and it's the kind of thing that attorneys put in lawsuits to sensationalize their complaints." Davis, an attorney, excluded himself from that generalization. Police department officials have repeatedly said the raids were justified and lawfully conducted. Shotwell and other critics of the raids, however, contend police misstated facts and ignored state law in obtaining search warrants.
Among other allegations, the lawsuit claims Davis and Nichelini "selectively targeted the most outspoken" dispensary directors who'd voiced support for the city's medical-marijuana tax initiative, which voters passed overwhelmingly just months before the raids started. Shotwell claims police officers were directed to raid those dispensaries, seize their assets and arrest their directors -- despite allegedly knowing the establishments operated in full compliance with California law.
The lawsuit further alleges Shotwell was re-arrested after the raid without a warrant. Following his initial arrest, Shotwell was freed after posting $100,000 bail. However, he was re-arrested hours later because, police said, there had been a clerical error resulting in him being freed without a hearing to determine his bail money was clean. Superior Court Judge Allan Carter acknowledged the impropriety of the hold on Shotwell's release at a subsequent bail hearing. Shotwell also alleges Knight and the police department requested he be confined in an "extreme" manner during his 10 days in jail, where he was held in segregation and confined in a cell for 23 hours a day.
The lawsuit seeks compensatory damages for lost wages and benefits to Shotwell, and for property destroyed when seized by police -- including hundreds of marijuana plants. It also seeks compensation for the loss of future business and general damages for emotional distress, pain and suffering, and legal fees.
News Hawk - The General @ 420 MAGAZINE ®
Source: Timesheraldonline.com
Author: Tony Burchyns
Contact: Contact Us - Vallejo Times Herald
Website: Medical marijuana advocate sues Vallejo - Vallejo Times Herald
