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**skipmac** · 02-11-2012, 10:12

Quote:

Originally Posted by Dockhead

It's a civil, not a criminal suit (there's actually no such thing as a "criminal suit"). Dinius asserts a bunch of different civil claims against Lake County, Perdock, and various former Lake County officials. The claims involve malicious prosecution, conspiracy to violate his Constitutional rights, supression of exculpatory evidence, violation of due process, intentional infliction of emotional distress, and others. The court dismissed a number of Dinius' claims, but refused to dismiss a number of others. It accepted some of the defendants' arguments but rejected a bunch of others. The claim of prosecutorial immunity was a rather small part of the whole picture -- the defendants brought forth dozens of reasons to dismiss the various claims of Dinius.

The significance of this ruling is that Dinius' case has partially withstood the initial barrage of motions to dismiss and will go on to the next stage.

OK, that makes sense. Not a lawyer but I did wonder about filing a criminal lawsuit.

DeborahLee · 02-11-2012, 10:18

Signed

deckofficer · 02-11-2012, 10:25

Thanks DeborahLee. It gives me a good feeling watching the petition counter go from still needing 274 signatures when I started this thread to 212 with your signature. The good folks here at CF always step up, I salute all who have taken the time to reacquaint yourselves with a 6 year old incident.

shamrock · 02-11-2012, 10:51

This is complete insanity!

I just can't believe this stuff still goes on in this country.

Not only will I sign, but this is going on my facebook page and I'm going to ask everyone I know to put it on thier page as well after signing.

This is something that could have happeden to any of us.

Signing is not enough. Pass this along to others and get themm to do the same.

What will it take to get this

**Dockhead** · 02-11-2012, 10:54

Quote:

Originally Posted by David M

I know this sounds really cynical but the legal system is not going to consider a petition. Don't get me wrong, this cowboy boat cop (not a trained professional mariner) was clearly in the wrong and deserves to be prosecuted and thrown in jail for a long time...just the same as what would happen if a civilian did the same thing. Being a cop is no excuse for recklessness. Apparently though the good old boys who run Lake County law enforcement think it is an excuse. They protect their own even and that's how it is. Legal?...maybe. Ethical?...hell no.

David. We do have laws, and we do have a Constitution. They do not guarantee any kind of paradise on earth -- those who have power and influence have always f*cked the rest of us, and always will. But with laws and a decent Constitution there really are some limits, including in this case.

Perdock may or may not be prosecuted, but he did not get away with his crime scott free. He has spent probably $500,000 by now on legal fees, which has probably wiped out his entire retirement. Considering what a scumbag he is, I doubt anyone is helping him with those expenses. His wife divorced him and has spoken out against him. I bet that at least one of the various civil suits against him will eventually win. So he's basically ruined, financially. Justice maybe doesn't always just ride in on a white horse and magically set everything right, but in many cases, I think including this one, does somewhat prevail in the end, eventually.

shamrock · 02-11-2012, 11:05

So he is working for the county again? Who does he have pictures of??

deckofficer · 02-11-2012, 11:11

Dockhead,

That area of Lake County, Clear Lake, has a disproportionally large population of retired law enforcement personal and as such has a entrenched good 'ol boy network. From what I have heard visiting Clear Lake looking at property, the ex-sheriff has a lot of local support and has enjoyed fund raisers on his behalf, not to mention appointment to the fire district's board. He has hoped that time would be his friend as all concerned with this 6 year old incident will forget his and the DA's actions. It is just something that happens in small, somewhat isolated communities like Clear Lake, where LEO and the DA have more than just a working relationship.

tomcat1 · 02-11-2012, 11:31

signed.

**Dockhead** · 02-11-2012, 11:34

Quote:

Originally Posted by deckofficer

Dockhead,

That area of Lake County, Clear Lake, has a disproportionally large population of retired law enforcement personal and as such has a entrenched good 'ol boy network. From what I have heard visiting Clear Lake looking at property, the ex-sheriff has a lot of local support and has enjoyed fund raisers on his behalf, not to mention appointment to the fire district's board. He has hoped that time would be his friend as all concerned with this 6 year old incident will forget his and the DA's actions. It is just something that happens in small, somewhat isolated communities like Clear Lake, where LEO and the DA have more than just a working relationship.

Sure, but what does that have to do with anything? Perdock's fate is now being decided in the Federal District Court in San Francisco. He's in a world of hurt, and the GOB network doesn't reach there. The retired LEO community in Clear Lake could, of course, do the right thing, and disassociate themselves from Perdock's crime. Maybe it will still happen - esho ne vecher - it's not evening yet, as the Russians say.

Seid Meis · 02-11-2012, 11:44

Proudly signed! Only a fool and his passengers drink underway!

perchance · 02-11-2012, 11:57

Signed.
Isn't the standard motto of all LEO,s "to serve and protect"?

In this case it was self serve and protect our own.

Dulcesuenos · 02-11-2012, 12:31

Signed

deckofficer · 02-11-2012, 12:33

Quote:

Originally Posted by perchance

Signed.
Isn't the standard motto of all LEO,s "to serve and protect"?

In this case it was self serve and protect our own.

After the accident if the sheriff would have simply allowed a normal investigation, which would have included his own blood test, and let the wheels of justice grind along, this would have been a forgotten issue. Instead, he directed his deputies towards the man on the tiller of the sail boat and denied his own drinking that entire afternoon. He also testified that the sailboat had no running lights. It was eye witnesses to both his drinking and the observing of the sailboat's nav lights being on that saved Bismarck Dinius, the tiller man. Plus evidence proved the lights were on prior to being broken. The fact that the DA (now voted out of office) did everything he could to prosecute the wrong man (Bismarck Dinius) and protect his buddy Deputy Perdock, is why this has been such a miscarriage of justice. It is bad enough a drunken LEO powerboater killed one of our own, but for him to turn around and pin the blame on another of our sailing brotherhood has me up in arms.