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Uploaded: Friday, February 1, 2013, 2:01 PM
Updated: Sunday, February 3, 2013, 4:02 PM
City of Pleasanton asks judge to dismiss federal lawsuit
Oakland law firm hired to handle city's effort to dismiss $3-million claim
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by Glenn Wohltmann
Pleasanton Weekly Staff
The city of Pleasanton is, for the second time, trying to get a federal case tossed out of court.
The initial case was filed by Brian Lancaster in October based on incidents occurring a year ago. It names the Police Department, K-9 Officer Tim Martens, an Alameda County sheriff's deputy and a San Ramon attorney and asks for $3 million.
The lawsuit stems from a divorce; in court documents Lancaster claims his ex-wife Lisa Secord convinced San Ramon family attorney Leslie Regina to obtain confidential documents. Lancaster also alleges her current husband, Trey Secord, recruited his friend, Pleasanton police Officer Tim Martens to arrest him by planting false evidence.
Lancaster claims, among other things, false arrest and false imprisonment, malicious prosecution, conspiracy to interfere with civil rights, defamation of character and intentional infliction of emotional distress.
In his suit, Lancaster claims Martens, who knew Troy Secord from transactions through his online model car racing business, use his position as a police officer "to conduct unauthorized research and obtain confidential information," and that he used his position as an officer to make a Jan. 16 traffic stop against Lancaster.
The Oakland law firm Jarvis, Fay Doporto and Gibson is handling the city's case. In the motion to dismiss, the firm claims the city cannot be sued "for an injury inflicted solely by its employees or agents."
The firm also says in its motion that Lancaster was not deprived of his rights, he has improperly sued Pleasanton, that Lancaster's suit leaves out key facts and that it doesn't tie the case together properly.
The motion to dismiss also claims that both the city and Martens are immune to prosecution on a number of the claims made by Lancaster.
In January, Pleasanton's first motion to dismiss was thrown out after Lancaster's attorney filed an amended lawsuit. The new motion to dismiss is set to be heard Feb. 14.Are you receiving Express, our free daily e-mail edition? See a sample and sign-up for Express.
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Posted by D money, a resident of Alamo, on Feb 3, 2013 at 7:24 am So mom is a criminal conspirator - dad gets the kids and child support. Cops go to jail with mom and stepdad.
Case closed, next case.
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Posted by Samantha, a resident of another community, on Feb 4, 2013 at 1:29 pm Hey D money, you forgot to read the article. Let me re-post some highlights you missed.
"The Oakland law firm Jarvis, Fay Doporto and Gibson is handling the city's case. In the motion to dismiss, the firm claims the city cannot be sued "for an injury inflicted solely by its employees or agents."
The firm also says in its motion that Lancaster was not deprived of his rights, he has improperly sued Pleasanton, that Lancaster's suit leaves out key facts and that it doesn't tie the case together properly.
The motion to dismiss also claims that both the city and Martens are immune to prosecution on a number of the claims made by Lancaster."
So instead of "Case closed, next case." it looks like, "Case dismissed, next case".
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Posted by Savant205, a resident of another community, on Feb 4, 2013 at 8:58 pm Brian Lancaster has been put through so much, he has lost his mind along with this job. If you guys knew anything this poor guy not only lost his guns, but lost his kids as well. All because of some dirty cop and attourny. Now he’s unemployed and can’t find a job because people said bad things about him on the internets, these people need to stop. We have told you to stop saying mean things, it hurts people’s feelings and they get really mad and can sue you. You guys need to take a close look at the individuals involved and take action and prosecute these evil doers!
Purple hearts and flaming fireballz foreva YO!!!
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Posted by i don't show up for civil actions, a resident of Danville, on Feb 11, 2013 at 5:16 am This type of abuse of power is commonplace and needs to be stopped. These individuals denied a father access to his children through illegal abuse of their power and inside connections. They need to be made an example of.
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Posted by Mommy types for me too!, a resident of Alamo, on Feb 11, 2013 at 7:33 am [Removed because it contained unverified information]
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