cannabisnews.com: Levins Sue Over Pot Arrest





Levins Sue Over Pot Arrest
Posted by FoM on February 17, 2000 at 12:14:32 PT
By Maline Hazle, Record Searchlight
Source: Record Searchlight
Medicinal marijuana user Richard Levin, acquitted two months ago on a charge of growing marijuana for sale, is suing Shasta County, two sheriff's deputies and a jail doctor for alleged wrongful arrest and mistreatment after that arrest.Levin's suit also asks the court to prevent prosecution or other action against anyone for possessing or growing pot unless authorities first make sure that the person is not protected by state law that permits medical use of marijuana.
The suit was filed earlier this week by Oakland attorney William M. Simpich on behalf of Levin, 49, and his wife, Kim Levin, 35, both of Redding.It seeks $25,000 in damages, attorney's fees and costs, and court orders that would alter the way authorities handle marijuana-related arrests and convictions.Shasta County Counsel Karen Jahr could not be reached for comment Wednesday.Levin has a physician's recommendation that he use marijuana for back problems and other disabilities, which means it is legal for him to possess, grow and use marijuana under the Compassionate Use Act approved by voters in 1996.However, on May 4, 1998, the suit alleges, Shasta County sheriff's deputies Tom Barner and Chester Ashman ''conducted an illegal surveillance'' of the Levins' house and saw marijuana plants. Two days later, those deputies and three others illegally searched the house, seized the marijuana and arrested the couple, the suit contends. While he was in jail, Richard Levin suffered ''excruciating and unnecessary pain and suffering'' because his medical needs were ignored, the suit alleges. Charges against Kim Levin were dropped Aug. 19 just as her husband's case was scheduled for a jury trial. Richard Levin was acquitted in December.''Both Mr. and Mrs. Levin have suffered ... wrongful search and seizure, wrongful arrest/imprisonment, professional negligence, harassment and retaliatory conduct due to Mr. Levin's exercise of his legal rights,'' the suit says.''The county is also liable for professional negligence, improper training, improper supervision and professional malpractice concerning the actions of its employees,'' the suit continues.The suit also complains that county law enforcement has no firm policy for handling medical marijuana use, which has frightened doctors, caregivers and patients. ''In fact, although defendant Shasta County has waged a relentless campaign against the use of marijuana in any form, it has taken virtually no constructive action to ensure that those protected'' by state law can obtain marijuana for medical use, the suit says.Superior Court Judge Bradley Boeckman ordered the confiscated marijuana returned after Levin's trial, but it was seized by federal agents on Jan. 21, just as Levin arrived at the sheriff's office to retrieve it.Eric Berg, the Redding attorney who successfully defended Levin on the criminal charge, has asked Boeckman to hold Sheriff Jim Pope in contempt of court for allegedly ignoring the judge's order. A decision in that action could be made by Friday.''It's not about the marijuana,'' Levin said Wednesday, ''it's about civil rights.''Reporter Maline Hazle can be reached at 225-8266 or at mhazle redding.com.Published: February 17, 2000© 2000 Record Searchlight - The E.W. Scripps Co. Related Articles:Redding Police Won't Return Med. Marijuana to Vethttp://www.cannabisnews.com/news/thread4663.shtmlSheriff's Hands Tiedhttp://www.cannabisnews.com/news/thread4647.shtmlMan's Pot Crop For Medicine or Money? http://www.cannabisnews.com/news/thread3609.shtmlLaying Down On The Law http://www.cannabisnews.com/news/thread3605.shtml 
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