Santa Ana PD Operating Like Mob, Lawsuit Alleges
By:
Jeremy Daw June 16, 2015
In the wake of a viral video apparently depicting police officers eating cannabis-infused brownies and smashing surveillance equipment at a Santa Ana, California-based medical marijuana dispensary, several members of the raided collective have filed an explosive lawsuit alleging a shocking pattern of behavior more befitting an organized crime ring than a police department.
According to the complaint filed in the federal Central District of California Monday (and appended below), the mayor of Santa Ana conspired with a corrupt local judge, a handful of local dispensaries, and about a dozen members of the Santa Ana police department to hijack the 2014 ballot and eliminate their competition. The lawsuit filed on behalf of Sky High Holistic and a handful of individuals injured in last month’s raid details a pattern of corruption dating back to June 2014 of last year.
The raid garnered national media attention after a video caught by a surveillance camera at Sky High Holistic went viral online, showing the Santa Ana police officers apparently consuming marijuana brownies onsite and denigrating collective member Marla James, who is an amputee. One of the raiding officers can be heard expressing a wish to kick James, who was present during the raid but did nothing to resist, “in her fucking nub.” The officers can also be seen destroying surveillance equipment installed at the dispensary in advance of their most objectionable behavior — but apparently they missed a hidden camera.
The raid had its genesis in a pair of competing Santa Ana initiatives which appeared on the November 2014 ballot, Measure BB and Measure CC. Measure CC, despite its designation, actually qualified for the ballot first, in 2013. Brought by a group of citizens in support of the city’s medical marijuana dispensaries, CC sought to regulate the city’s dispensaries without shutting any down; by contrast, Measure BB was brought to ballot through the vote of the Santa Ana City Council and included a provision capping the number of dispensaries in the city and providing for a “permit lottery” to determine which collectives could stay open. Both initiatives won more than 50% of the vote in the 2014 election, but Measure BB won the greater number of votes — resulting in the city-backed initiative going into effect instead of the citizen initiative.
That’s a pretty standard outcome in the world of California politics; but if the allegations in Monday’s lawsuit are correct, the way that the Measure BB proponents edged out their competition is nothing short of criminal. The suit alleges that even while the Measure BB campaign was underway, an unidentified employee of the BB campaign approached several dispensary operators in the area to solicit payments of $25,000 cash in support of the city initiative in exchange for a guaranteed spot in the dispensary permit “lottery.” Several of the dispensaries which supported Measure BB, including one in which Santa Ana mayor Miguel Pulido had a financial stake, won permits through the Measure BB lottery.
Sky High Holistic did not win, so last month Santa Ana officers raided it. That raid, the lawsuit alleges, evidences a pattern of excessive force designed to punish not only the collective but also a number of unaffiliated sympathizers. Officers pulled their firearms on Marla James, who is bound in a wheelchair, and kept her in a stress position for the duration of the raid despite her repeated objections of escalating pain. The lawsuit also alleges that one of the Santa Ana officers tackled bystander Matt Chou, who was seen observing the actions at the dispensary but had no affiliation with it.
The lawsuit alleges not only extrajudicial punishment without due process — a violation of the Fourteenth Amendment to the US Constitution — but also illegal targeting of Sky High by government officials in violation of section 1983 of the 42nd chapter of the US code, a law passed during the Civil Rights era to prevent illegal targeting of marginalized groups at the hands of corrupt local officials.
Read the lawsuit here:
Pot-Shop-Lawsuit