LAKE COUNTY — Bismarck Dinius filed a federal lawsuit against Lake County and a number of its law enforcement officials Tuesday alleging a violation of his civil rights during the case the county mounted against him.
“This case arises principally from unconstitutional, corrupt efforts of Lake County, California, elected and appointed law enforcement officials and other county employees to cause (Dinius”s) prosecution for a homicide he did not cause or commit,” the complaint read.
A jury found Dinius not guilty of felony and misdemeanor boating under the influence charges Aug. 20 of last year. He was originally charged with manslaughter as well, but the district attorney dropped that charge.
Dinius was at the tiller of Mark Weber”s sailboat April 29, 2006 when the powerboat driven by off-duty Capt. Russell Perdock of the Lake County Sheriff”s Office collided with the vessel. Sailboat passenger Lynn Thornton died as a result of the crash.
Dinius filed a claim against Lake County for damages in January, which a third-party administrator rejected.
The federal lawsuit seeks compensatory and punitive damages along with attorney fees.
“Among other wrongdoing, at the preliminary hearing state and in a scheme to mislead the court, defendants conspired, or aided and abetted one another, to deliberately conceal exculpatory evidence and to fabricate inculpatory evidence, tantamount to fraud on the court,” the complaint read. “A jury of (Dinius”s) peers eventually acquitted him. Defendants” corrupt investigation, prosecution, and attempted conviction of Dinius exhausted his financial resources, left him jobless, degraded his reputation, and emotionally scarred him. Corrupt personal motives, rather than the pursuit of justice or legitimate activity within the scope of their employment, busied defendants” conduct.”
Dinius directed questions to his attorney, Laurence Masson, who referred to the complaint.
Dinius filed the federal lawsuit against Perdock, Sheriff Rod Mitchell, District Attorney Jon Hopkins, Sgt. Dennis Ostini, Capt. James Bauman, Deputy Sheriff Lloyd Wells, retired Sgt. Wesley Frey, Sgt. James Samples, former Sgt. Dean Pick, Lt. Charles Slabaugh, Lake County and the Lake County Sheriff”s Office.
The defendants could not be reached for comment before press time.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
