War protestors civil rights case settled

July 20, 2006
Sacramento, CA

I am pleased to report that my three year old federal civil rights action against the County of Sacramento was resolved on July 20th, 2006.

The Stipulation of Dismissal and Order includes language to insure that Members of the Board of Supervisors and the Sheriff are fully informed about this case and advised regarding “the detention of war protesters and California Welfare and Institutions Code § 5150, and the citizen complaint process/civilian oversight of the Sheriff’s Department”

Though I did not get all that I wanted, I did accomplish the majority of my goal, which was to bring awareness to the issue and a review of policies. I did my civic duty to push back when my civil rights were abused and threatened. I finish feeling good about myself, and happy it is settled.

Tim

Full text:

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TIM CASTLEMAN,

Plaintiff,

v.

COUNTY OF SACRAMENTO,

Defendant.
/
CASE NO. 2:03-CV-02319 WBS PAN(GGH)

STIPULATION OF DISMISSAL AND ORDER

[FRCP 41(a)(1) and (2)]

Complaint Filed: 11/06/03

All parties respectfully submit the following Stipulation of Dismissal and Order as follows:
1.Defendant COUNTY OF SACRAMENTO has agreed to withdraw its pending Motion for Summary Judgment which is scheduled on July 20, 2006. Plaintiff TIM CASTLEMAN has agreed to withdraw his pending motions also scheduled to be heard on July 20, 2006.
2.Although the COUNTY OF SACRAMENTO does not believe it has any liability in this case, in order for plaintiff TIM CASTLEMAN to agree to dismiss the case, George Hills Company, claims administrators handling this case on behalf of the COUNTY OF SACRAMENTO, has agreed to privately advise the Sacramento County Board of Supervisors and the Sacramento County Sheriff’s Department regarding this case and plaintiff TIM CASTLEMAN’s concerns about the detention of war protesters and California Welfare and Institutions Code § 5150, and the citizen complaint process/civilian oversight of the Sheriff’s Department.
3.As a result, it is hereby stipulated by and between plaintiff TIM CASTLEMAN and defendant COUNTY OF SACRAMENTO, all the parties to this action, through their designated counsel that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1) and (2). Each side to bear their own attorneys’ fees and costs.
IT IS HEREBY STIPULATED.

My PROPOSED letter from the County to settle & dismiss, June 2006

On June 27th I met with the County’s Attorney & Adjuster and offered to settle and dismiss if we could get the following letter signed by the Board of Supervisors. They declined but will get back to me with a counter offer. The next court date is July 20, 2006.

Whereas investigation of the incident that occurred on April 26th, 2003 between Tim Castleman and the County of Sacramento has determined that
a) Mr. Castleman should not have been arrested and
b) County Mental Health Crisis Center employees should have released Mr. Castleman within the initial 4 hour evaluation period and
c) The response to written complaints to various County Officials was inadequate.

Therefore this letter is produced and approved by the Sacramento County Board of Supervisors to acknowledge the foregoing points and to thank Mr. Castleman for helping identify training and policy shortcomings that are now being addressed, in part, as follows:
a) A civilian oversight committee is tasked with review of complaints regarding the Sheriff’s office.
b) A policy review regarding use of the 5150 statute to arrest war protesters.
c) A policy review of the alleged collusion between mental health staff & sheriff officers to hold all for 24 hours to exonerate deputies.
d) Citizen complaint response will be improved.

Further, The County of Sacramento apologizes for the emotional trauma, financial burden, and inconvenience to Mr. Castleman with this letter and an undisclosed monetary compensation to him, and promises its officers & employees will not harass or disturb Mr. Castleman in the future.

Signed: Date:

District 1, Roger Dickinson

District 2, Illa Collin

District 3, Susan Peters

District 4, Roberta MacGlashan – Chair

District 5, Don Nottoli – Vice Chair