LAKE COUNTY >> In the federal lawsuit against Lake County officials” allegedly unconstitutional raids of marijuana growers” property, Judge Thelton Henderson has once again found defendants” arguments lacking. The court sided with plaintiffs in granting a motion to amend their complaint.
The plaintiffs, made up of medical marijuana growers who were raided following the passage of Measure N, had filed a motion to amend their complaint after the preliminary injunction against Lake County was granted in October. While this motion to amend was granted by the court on Monday, the defendants” one-page opposition to the plaintiffs” motion filed Nov. 7 was denied.
“In opposition, the county defendants only argue that amendment would be futile; they take no position on prejudice or other ? factors,” the court”s decision states.
To the contrary, the court found the five changes to the plaintiffs” complaint to be “significant.” The amendments include removing all of the unnamed plaintiffs from the case, adding a named plaintiff, adding five named defendants, adding additional facts regarding the conduct of the individually named defendants and adding multiple tort law claims.
The court also found the defendants” arguments against the plaintiffs” motion were insubstantial, as they merely incorporated arguments from a prior motion, some of which had already been rejected by the court.
“It is not enough to simply state that the same arguments still apply without confronting the changes plaintiffs have proposed,” the order states.
The defendants added to the case include Lake County Sheriff”s Office (LCSO) deputies Dennis Keithly, Joe Dutra, Steve Herdt, Michael Lockett and Frank Walsh. The complaint alleges all five deputies were present at several of the raids.
“Each of the defendants caused and is responsible for ? personally participating in the unlawful conduct or acting jointly or conspiring with others ? failing to take action to prevent the unlawful conduct and by ratifying the unlawful conduct that occurred by agents and officers,” the complaint states.
The case has proceeded into the damages phase; plaintiffs have filed tort claims totaling $621,000.
The next hearing date is yet to be scheduled.
