Exercise the second, sacrifice the fourth
Boulaalam case provides rare instance where NRA, ACLU would see eye-to-eye.
“This is one of the few cases where the NRA and the ACLU would see eye to eye,” said Attorney Alan Berrey, representing Youseef Boulaalam.
Boulaalam was pulled over by Mono County Sheriff deputies in July 2013 for suspected DUI. In a complicated series of events, Boulaalam was illegally searched and arrested for a loaded firearm, but the charges were eventually dropped and he sued for alleged harassment and false reporting by deputies.
Boulaalam said in his complaint, “I was really surprised when I read the police report. It looks all fake and most of it is made up. I believe the cop lied under oath. He is supposed to at least say the truth, but not make up a different story for some reason. It is disturbing and makes me question everything. He falsified almost every little detail that led to my arrest. This way he is really dishonoring the uniform he is wearing … The officer at this point is leaving too many [blank] details that will lead to my conviction.”
Boulaalam sued Mono County and the Deputy Art Torres and Sergeant Rick Hahn who pulled him over for violation of his Fourth Amendment rights, but has recently settled his federal civil rights law suit for $70,000. The amount is half of what Boulaalam has spent on legal fees and bail.
“It’s not what he’s entitled to, and shame on us for taking it but we want to move on,” Berrey said.
“In Mono County you can exercise your Second Amendment rights but you forfeit your Fourth Amendment rights … “ Berrey told The Sheet. “The first thing they asked him when they pulled him over was if he had any guns in the car. Guns are not implicitly illegal, so why are you even asking – so Youssef being honest, says, ‘Yes’ – one thing leads to another and that was the entree to put Youssef in the back of the squad car.”
Mono County Counsel Marshall Rudolph said that the settlement does not equate to an “admission of liability” by the county.
The suit was first presented to the Mono County Supervisors who wanted to take the civil rights case to trial, after dragging its feet and willing to drag the case out for a year or longer, according to Berrey.
“The county said several times ‘the guy was breaking the law and we have no sympathy for him’ but there is American exceptionalism, we hold these rules above all others, the court said sure he was breaking the law but what was more important were his constitutional rights.”
Berrey has spent many years working as county counsel for both Inyo and Mono counties, representing and defending cops. He began doing contractual work for Bishop Attorney Douglas Buchanan and was asked to work on Boulaalam’s case. Berrey said Boulaalam called Buchanan’s office from Inyokern after bailing himself out of Mono County Jail and recovering his vehicle. Berrey said he worked the criminal case but Buchanan represented Boulaalam in court. The court sided with Boulaalam that the officers had no probable cause for pulling Boulaalam over to begin with.
Boulaalam filed the civil rights violations suit in January 2014.
Boulaalam was pulled over after leaving Travertine Hot Springs in Bridgeport at around 8 p.m. July 10, 2013 for suspected DUI. Hahn was training former Mammoth Lakes Police Department officer Torres that evening and were on a patrol check to the “high crime area” of the springs. The cruiser makes a U-turn and begins tailgating Boulaalam all the way to Highway 395 where Boulaalam turned south on his way home to Cardiff-by-the-Sea near San Diego.
Boulaalam had been on a target-shooting/fishing trip through many Western states.
Among the civil rights violations pointed out by Berrey, there is dash cam footage showing Torres “staging” and taking photographs of a handgun sitting in plain view on the back seat of Boulaalam’s car not safely stowed away where it was actually found.
Berrey said he wanted to find justice for Boulaalam but also expose what can happen with a few “bad apples” in an otherwise respected entity. “I wanted to show (the public) ‘This is your Sheriff’s Department, do you like this, you should see what’s being done in your name.’”
The public responded by voting in a new Sheriff in the June, 2014 election by a whopping 2-to-1 margin.
Berrey added he doesn’t think Boulaalm’s ordeal is good for business, “Mono County has gone to great efforts to brand itself as a place to hunt and fish and enjoy the outdoors … but it treats outsiders horribly.”
Berrey said the ordeal has been devastating for Boulaalam but came at an opportune time for the county. The Boulaalam incident chronologically came just before Mono County’s DUI checkpoints that allegedly targeted Burning Man patrons and led event goers to ban stopping in and/or supporting the county.
Berrey worked the case pro bono and said he did it more for the cause of justice and to let the public know what had happened, who their police officers are and what they do. “The complacency of the officers and that their higher ups will back them up is systemic of the national problem … I’ve been on both sides,” he explained.
Mono County Sheriff Ingrid Braun was unavailable for comment at press time.
Boulaalam sued on nine different counts including illegal search and seizure, failure to immediately release plaintiff from detention, unreasonable search of plaintiff’s car and belongings, excessive force, emotional distress, false imprisonment, assault, battery and violation of the Bane Civil Rights Act.
