LAKE COUNTY — A judge has ruled in favor of the County of Lake in the lawsuit brought by a Lake County Sheriff”s Office (LCSO) sergeant who alleged Sheriff Frank Rivero violated his public safety officer rights.
“The Petition for Writ of Mandate is denied and Petitioner shall take nothing from Respondents,” retired Superior Court Judge William A. McKinstry wrote in his decision statement dated Tuesday.
The civil claim hinged on the nature of the contact Rivero had with Sgt. Corey Paulich following a March incident in which a law enforcement pursuit ended with an LCSO vehicle hitting the suspect”s car.
McKinstry found that the three communications Rivero had with Paulich following the incident “occurred in the normal course of duty, counseling, and informal verbal admonishment, such that no violation of Sergeant Paulich”s rights occurred.”
Rivero responded to the decision Friday, stating, “This ruling should assure the public that my actions were, and will always be, in conformance with the rights afforded our law enforcement personnel.”
McKinstry heard oral arguments from attorneys on Sept. 9.
Attorney Christopher W. Miller, who represented the petitioner, told the judge that Rivero”s inquiries were examples of the sheriff trying to “interrogate” Paulich in violation of his client”s peace officer rights in a potential discipline investigation.
Deputy County Counsel Lloyd Guintivano, representing the county and LCSO, said the communications were allowable under the law as they were primarily routine interactions while Rivero collected information about the original incident.
The lawsuit asked the court to set aside the investigation and any proposed discipline as well as award civil penalties of up to $25,000 per alleged violation, attorney fees and other court-related costs.
The court denied all of those requests and stated, “Respondents shall recover their costs from Petitioner,” according to McKinstry”s decision.
The Record-Bee contacted Miller Friday afternoon. He wrote in an email, “I have not seen the decision yet and cannot comment on it.”
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
