Case details

Driver: Seized cannabis and cash funded police department

SUMMARY

$415000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Dec. 5, 2017, plaintiff Ezekial Flatten was transporting cannabis, which he legally acquired with a medical marijuana recommendation from a Humboldt County farmer, so that it could be used for lab testing. While driving south on U.S. Route 101, in Mendocino County, he was pulled over. Flatten claimed that police officer Joseph Huffaker, of the Rohnert Park Police and Fire Department, and Police Chief Steve Hobb, of the Hopland Band of Pomo Indians trial police, told him that they were agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, which considers all cannabis illegal under federal law, and then seized three pounds of the state-sanctioned cannabis. Flatten was not cited or arrested, and he alleged that Huffaker and Hobb told him that he might receive a letter from Washington. However, the evidence the two officers allegedly took from Flatten’s vehicle was not documented. Flatten sued Huffaker; another police officer allegedly involved in the incident, Jacy Tatum; Huffaker and Tatum’s employer, the city of Rohnert Park; Hobb; and Hobb’s employer, The Hopland Band of Pomo Indians. Flatten alleged that the defendants’ actions constituted violations of his civil and constitutional rights, including violations of the First and Fourteenth Amendments, and the Bane Act. Plaintiff’s counsel contended that Huffaker, Tatum and Hobb, as well as others, participated in a conspiracy to seize cannabis and cash without making arrests, reporting any crimes or issuing documentation for the seizures. Counsel also contended that Huffaker and Tatum used their connections to a privately operated criminal intelligence network called Black Asphalt to identify and target vehicles involved in the marijuana industry. Counsel further contended that the officers sold the seized cannabis to black-market vendors and used real estate deals to launder the money. In addition, plaintiff’s counsel contended that any cash that was taken by the officers was turned over to the city to supplement the police department’s budget. Flatten claimed that he was threatened and harassed in an attempt to make him silent about the illegal activity. He alleged that as a result, he was being restricted from his freedom of speech. After an internal investigation into Flatten’s claims was launched, Tatum resigned (as did his superior officer) and Huffaker was placed on administrative leave. In addition, Hobb resigned from his position as the Chief of Police of the Hopland Band of Pomo Indians. However, Hobb denied being involved in any traffic stops. Defense counsel contended that the city only received cash from the district attorney-administered asset forfeiture program, which was based on legal stops and seizures of illegal contraband. Counsel further contended that the city never received any cash directly from Tatum or Huffaker., Flatten claimed that he suffered from emotional distress as a result of the illegal seizure and subsequent threats and harassment.
COURT
United States District Court, Northern District, San Francisco, CA

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