Inhumane and Unconstitutional: One lawsuit aims to put the San Diego Sherriff’s Department in its place

In October of 2012, when the
San Diego County Integrated Narcotics Task Force (NTF) executed a pre-dawn,
military style raid on a private property in rural Ramona, what they found, or
more importantly what they did not find, is now the subject of a federal civil
rights lawsuit. Filed on behalf of Deborah and Dennis Little by Attorney Nathan
Shaman, the lawsuit comes on the heels of the Littles being acquitted on
charges of unlawful cultivation and sale of cannabis. The jury agreed that the
Littles were not growing plants for profit, but rather for personal medicinal
use. Another factor is the fact that NTF agents immediately destroyed evidence,
resulting in the suppression of evidence in the criminal case.

As a cancer survivor who has
been HIV postive for 20 years, Deborah Little was advised by a doctor to grow
as many plants as were needed, to be used in the making of the cannabis infused
edibles that help to combat her HIV related wasting, as well as Dennis’
neuropathy and depression.

It
was a woefully incompetent sheriff’s department “fly-over” that led to the
unconstitutional raid that all but ruined the lives of these quiet, law-abiding
citizens. Attorney Shaman says police falsely identified bamboo plants that
were growing on the property as cannabis plants, then obtained a search warrant
that wrongly stated that more than 100 cannabis plants were being cultivated by
the Littles. In reality, they had a grand total of 29 plants, some of which
were diseased or already dead. Even if all the plants were alive and thriving,
they still would have been only five plants over the legal limit. That doesn’t
seem to justify masked law enforcement agents with assault rifles handcuffing
and interrogating a terrified couple in their 60s, now does it? 

Deborah
Little’s treatment by armed government officials was inhumane and
unconstitutional, plain and simple. She was refused access to a restroom, and
due to kidney problems, was forced to soil herself. Before that, she had been
placed on an ant hill. Yes, an ant hill. Law enforcement agents brandishing
heavy weaponry chose to place an ill, handcuffed, 61-year-old woman on a fire
ant hill. But that’s not all. Early morning hours in Ramona are decidedly
chilly, and when Deborah informed agents that she had pneumonia they very
promptly placed her, still handcuffed, in the back of a cruiser . . . and
turned on the air conditioner. 

By
all accounts of what happened on that day in October of 2012, it is no surprise
that the Littles are both dealing with the grim reality of PTSD, in addition to
everything else they have endured. Deborah especially has suffered
tremendously, both physically and mentally. She has lost a notable amount of
weight and is unable to use cannabis, despite the fact that it was legally
prescribed by a doctor and grown for her own use on her property. She has been
in and out of the hospital, and is haunted by nightmares of the event. To this
day, she is terrified of living in her own home. 

Now,
back to the lawsuit that is a result of the despicable behavior of those in
whom we trust to protect and serve. The lawsuit, Little v. Gore, in the District Court for the Southern District of
California. The suit names as defendants San Diego Police Chief Shelley
Zimmerman and San Diego Sheriff William Gore in their capacities as chief
policymakers for San Diego law enforcement’s handling of police investigations.
The suit also names various law enforcement officers who are members of the NTF,
the agency responsible for the raid on the Littles’ property.

Some
critics may be tempted to chalk this up as a cry for publicity, but that is not
the case. Cannabis may (for now) be illegal under federal law, but it is very
much legal in the state of California. The real issue is, did police act
unlawfully in the way they treated the Littles?

In
the words of their attorney, Nathan Shaman, “Certainly the courts have
repeatedly over the years stepped in when police use unreasonable, excessive
force. The Littles’ situation provides a stark reminder that even harmless,
law-abiding, seriously ill people can be and are terrorized by their own police
force. We hope this will send a message to law enforcement that their
egregious, unconstitutional behavior will not be tolerated.”

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