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Uploaded: Friday, February 1, 2013, 7:47 AM
City of Pleasanton asks judge to dismiss federal lawsuit
Oakland law firm hired to handle city's effort to dismiss $3-million claim
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by Glenn Wohltmann
Pleasanton Weekly Staff
The city of Pleasanton is, for the second time, trying to get a federal case tossed out of court.
The initial case was filed by Brian Lancaster in October based on incidents occurring a year ago. It names the Police Department, K-9 Officer Tim Martens, an Alameda County sheriff's deputy and a San Ramon attorney and asks for $3 million.
Lancaster claims, among other things, false arrest and false imprisonment, malicious prosecution, conspiracy to interfere with civil rights, defamation of character and intentional infliction of emotional distress.
The Oakland law firm Jarvis, Fay Doporto and Gibson is handling the city's case. In the motion to dismiss, the firm claims the city cannot be sued "for an injury inflicted solely by its employees or agents."
The firm also says in its motion that Lancaster was not deprived of his rights, he has improperly sued Pleasanton, that Lancaster's suit leaves out key facts and that it doesn't tie the case together properly.
The motion to dismiss also claims that both the city and Martens are immune to prosecution on a number of the claims made by Lancaster.
In January, Pleasanton's first motion to dismiss was thrown out after Lancaster's attorney filed an amended lawsuit. The new motion to dismiss is set to be heard Feb. 14.
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Posted by Whata Crock, a resident of the Another Pleasanton neighborhood neighborhood, on Feb 1, 2013 at 9:39 am We have way too many attorneys in this country. Our country is being brought down by ambulance-chasing attorneys and the lame-brain attorneys that populate our Congress and the White House. As an example, Japan has 1/10 as many attorneys per capita as the U.S., and 10 times as many engineers per capita as the U.S. That is true of most of the Asian countries with powerhouse economies.
This is a totally BS lawsuit, and the perp and his attorneys ought to be hung out to dry.
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Posted by Mike, a resident of the Highland Oaks neighborhood, on Feb 1, 2013 at 3:23 pm This does not appear to be frivolous. The last thing you want is safety department employees breaking the law.
Mike
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Posted by Justice, a resident of the Downtown neighborhood, on Feb 1, 2013 at 4:20 pm I for one would like to see Lancaster get his day in court. If you actually read what happened to him, bu one of Pleasanton's finest, you will probably be in his corner as well.
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Posted by Pleasanton Reident, a resident of the Valley Trails neighborhood, on Feb 1, 2013 at 4:57 pm I also have had a Pleasanton PD Officer abuse his authority, obtain confidential, secure information and provided confidential documents to others for use within the legal system. They should be held accountable for their actions and all lose their jobs. I for one hope this guy prevails and wins his lawsuits. It will serve that department right. That City of Pleasanton Attorney sounds like a joke. If the City of Pleasanton is smart, they will settle with this guy fast to make it "go away". Good Luck Buddy. I wish I had sued.
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Posted by Take Responsability, a resident of the Golden Eagle neighborhood, on Feb 2, 2013 at 9:02 am Regardless of who/what Lancaster was doing. This Officer abused his authority and provided government documents to others to be used against him. That is a direct abuse of his power, against deparment policy, and actually in violation of the law. Lancaster was just one of the lucky ones that was able to obtain the proof he needed with emails, and verification of proof of disclosure to prove it in a court of law. The City is cooked.
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Posted by StolenValor, a resident of the Happy Valley neighborhood, on Feb 3, 2013 at 1:50 am I get all teary eyed thinking about Lancaster telling his purple heart story. If you knew anything you would know Brian was in the Navy and traveled the world!! He was shot when trying to rescue a cute cuddly kitty stuck in a tree. See Brian Lancaster is pure integrity, who will stand up to a senior when he was in 8th grade, total bad arse IMO. He spouts the truth with help from his hot single mom support group. Keep fighting brew ha brahh, maybe someday you will see your children again. And If you win 3 million dollars, you can totally rent the coolest hotel room, with a minibar!! Or you can get some spinners on your Tahoe!!
Gold chains and leather jacks 4eva YO!!!
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Posted by You Mad Bro?, a resident of the Del Prado neighborhood, on Feb 3, 2013 at 6:53 am Lets give a update the Secords continue to hide from the process servers and now can just be served by mail. The still unemployed Mr. Secord who by the way is a convicted Felon and high school dropout wisely uses his time adding subtitles to a movie he posted on you tube making it appear like Hitler talking about Lancaster arrest. Maybe he needed a new project after taking down the 15 or so odd blogs he had posted about Lancaster over the last year under names like Predators On The Loose, Sheep in wolfs clothing, and The Arrest Files.
Ms.Lesley Regina's Attorneys Still see somewhat baffled and confused exactly what they can do to defend against her obvious crimes, her poor moral Character and general disregard for the California state bars rules of ethical conduct. surely she will be tossed out of the Bar and the tri valley will have one less scummy law breaking attorney.
People keep coming out of the woodwork with complaint's about officer Martens. Tim has been reported to love yelling profanities at the TV in his garage while kids are well within the reach of his foul mouth. I mean really how many dogs is this guy going to be allowed to have die while under his supervision before the city decides he isn't pet friendly.
Deputy Silcocks now locked in his own Custody battle has apparently had some domestic problem of his own and according to his Wife's You Tube Website she has filed a restraining order against her ex husband Ryan Silcocks. She reports I will no longer stay silent and says she has been abused by silcocks for years.
Lisa Secord Arrested for Felony Fraud stealing over 20,000.00 in daycare subsidies put in place for mostly homeless children. Apparently she had filed two other times both previous attempts were denied. In this case all her nonsense claims are just that nonsense. Apparently the judge ordered the judge specifically states that Lancaster needs no anger management classes or any classes at all.
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Posted by CherryPie, a resident of San Ramon, on Feb 3, 2013 at 10:49 am You people don't even know the half of it.... I give him all the support. Take it Brian, Take it all the way baby!
You know actually all the guy did was got lucky. To be able to get the people on his side that would believe him. I mean she is good she almost had people believing her BS. Cuz I have seen this crazy twisted case and series of events unfold. All parties involved....Mr. Tim Martens,Mr.Ryan Silcocks,Ms. Regina, and Mrs. Secord, and any others involved, need to be prosecuted to the fullest extent of the law. NO EXEPTIONS! Make an example out of them...
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Posted by YouveBeenTrolled, a resident of the Birdland neighborhood, on Feb 3, 2013 at 4:47 pm It’s fun handing Brian Lancaster a shovel and watch him dig his own hole.
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