http://pleasantonweekly.com/print/story/print/2012/11/23/city-fights-federal-lawsuit-against-police-department


Pleasanton Weekly

News - November 23, 2012

City fights federal lawsuit against Police Department

Cites dozens of questions about circumstances

by Glenn Wohltmann

The city of Pleasanton is asking that a federal lawsuit against the Police Department and one of its officers be dismissed.

In a lengthy rebuttal to a recent lawsuit filed by Brian Lancaster, the city names dozens of undocumented claims in the suit, which names the Police Department in general and Officer Tim Martens in particular.

Specifically, the request that the lawsuit be dismissed questions claims surrounding a Jan. 16 traffic stop by Martens.

"The stop resulted in a search of the Plaintiff's car, but the complaint does not tell us why," the dismissal motions states. "This search resulted in contraband being found, but the Complaint does not tell us what, or where. Martens is alleged to have arrested the Plaintiff following this search; but the complaint doesn't tell us what the Plaintiff was arrested for."

The rebuttal offers a half dozen reasons for the suit to be dismissed, and cites federal and state law, although much of its argument seems to be about gaps in the original suit.

The request for dismissal also cites as a precedent a federal ruling stemming from a lawsuit filed by one of the men held in the Guantanamo Bay detention camp.

The suit is set for a Dec. 18 hearing in U.S. District Court in San Francisco.

Comments

Posted by High End, a resident of Another Pleasanton neighborhood
on Nov 25, 2012 at 12:14 am

Sounds like the legal system is working, i.e., lawyers get rich and buy big houses.


Posted by Sincerely yours, a resident of Canyon Meadows
on Nov 25, 2012 at 2:50 am

Very well written story. Highly informative. Thank you.


Posted by Mike, a resident of Highland Oaks
on Nov 25, 2012 at 9:25 pm

If Martens was involved, the whole thing needs to be checked for holes.
Lancaster's being guilty of any or even all of the above doesn't make a dirty bust clean. If you allow cops to make bad busts, then you lose an important protection against the violation of your rights.

Remember, it's not about letting bad guys loose. It's about keeping good guys from being abused by the system.

Mike


Posted by Candace, a resident of Downtown
on Nov 26, 2012 at 6:43 am

Who's abusing the system? Well it's the domestic abuser of course. Showing a picture of his innocent children on TV, to try to garner sympathy for a frivolous lawsuit seeking millions... Imagine their embarrassment and shame when they found out how he used them like pawns just to try to "cash in" on his abusive marriage?

Remember it isn't a "dirty bust" when the convict in question is on probation with a "search clause". In fact the only thing I'd expect to be "Dirty" is his urine and blood samples! Under a "search clause", you don't have the usual rights of a law abiding person, and you can be detained and searched anytime, also any property under your control when said clause is in effect. Also, since he's a convicted thief he's been banned @ Stoneridge Mall. (Watch out Paragon!) Remember, not all of the sickos are from out of town, many are right here in Pleasanton. Maybe they should check for holes in his brain too because his lawsuit sure is chock full of them, eh Mikey?


Posted by Shame On Brian, a resident of Another Pleasanton neighborhood
on Nov 26, 2012 at 4:03 pm

Brian Lancaster [Portion removed due to disrespectful comment or offensive language] And he is/was on probation WITH a search clause. As Candace stated, that alone means you DO NOT have the usual right of a law abiding citizen and he CAN be searched at any time with OR WITHOUT cause, FACT. [Portion removed due to disrespectful comment or offensive language]

Expect to see this lawsuit tossed out.

Brian, you are a pathetic loser of grand proportions...


Posted by registered user, Howdy , a resident of Harvest Park Middle School
on Nov 30, 2012 at 3:57 pm

Lesley Regina was who's council? I'm confused.