District attorney upheld defendants’ rights

The Daily Journal reported the summary judgment in favor of the County of Ventura in a purported civil rights case. ("Judge dismisses executives' excessive force lawsuit against Ventura County," Oct. 13, 2017.) The article does not fully convey the reasonableness of the district attorney's actions in investigating a significant environmental crime.

On Nov. 18, 2014, a tanker truck exploded in Santa Paula, sending a toxic plume into the air. The explosion was caused by employees of Santa Clara Waste Water Company who mixed incompatible chemicals into the tanker. A company employee told first responders that it was only wastewater. As the sun dried the chemicals, the ground ignited, melting the boots of first responders and causing them to inhale toxic fumes. As a result, six firefighters, one EMT, and eleven others were injured, some so severely that they will never return to work.

The DA's investigation found a pattern of falsifying documents, hiding hazardous waste from inspectors, and other dangerous practices. Employees Dean Poe and David Wirsing pled guilty to felony conspiracy charges and are awaiting sentencing.

Seeking to capitalize on recent anti-law enforcement sentiment, Poe and Wirsing brought a $27 million lawsuit against the DA and the sheriff for using armed peace officers to serve search warrants at their homes, and for strip searches at the jail. On Oct. 10, 2017, Judge R. Gary Klausner granted the county's motion for summary judgment, and terminated the lawsuit in its entirety as to all parties. The court found no evidence of any constitutional violations by investigators or jailers.

The search warrants in this case were served by peace officer investigators of the DA's Special Response Team, which receives specialized training for that purpose. They were armed with standard-issue handguns. Despite plaintiffs' claims, the SRT did not use the weapons or tactics of a SWAT team -- no long guns, no snipers on rooftops, no armored vehicles. Audio and video recordings on scene demonstrate that the investigators were calm and professional.

In reporting on the ruling, the Daily Journal quotes Berkeley Law School Dean Erwin Chermerinsky that the case involves "egregious police abuse" and "a very serious abuse of government power." His statements were made when the complaint was filed, at a time he was apparently willing to take the allegations of plaintiffs' counsel at face value. But plaintiffs' allegations have now been rejected by the court, which found insufficient evidence for plaintiffs to proceed to trial.

The reaction to the lawsuit evidences an all-too-common willingness of some to simply assume that law enforcement has acted unlawfully. This world view turns reality on its head, with those who protect the public considered "bad guys," while criminals, even convicted felons, are viewed as innocent victims.

We agree that it is essential that searches be conducted in compliance with Fourth Amendment standards. The court here found that they were. The district attorney's office will continue to protect the community by thoroughly investigating and vigorously prosecuting crime while upholding the constitutional rights of the accused.