Counter-offer pending in Boulaalam case

monocourthouse2008Attorney Allen Berrey, who represents a man who was stopped and searched by Mono Sheriff’s officers last year, tried to explain that case to the Mono Supervisors this week in public comment. A closed session on the case was scheduled for the Board and their lawyers. Attorney Berrey now awaits word on the Board’s decision on his counter-offer to settle the case.

It was last July that two Mono officers stopped Youssef Boulaalam, claiming they thought he was driving under the influence. However, they did not investigate his sobriety. Instead, they searched his car and found a handgun which he told them was there. Weapons charges were filed but later dropped when Judge Mark Magit threw out the gun evidence based on no probable cause for the stop.

A claim, containing no stated dollar amount, was filed against Mono County in January. The claim alleged civil rights violations, fabrication of evidence, false arrest and imprisonment and violation of Fourth and Second Amendment rights. The claim arose out of the traffic stop and search of Mr. Boulaalam’s car and his arrest. Mono County rejected the claim. Before proceeding with a lawsuit, attorney Berrey said he made an offer to settle the case in June.

Berrey said the County rejected his offer and counter-offered an amount that would only cover Mr. Boulaalam’s legal fees and expenses in the criminal case and for pursuing the claim for damages. Berrey said, “We rejected that offer and counter-offered an amount slightly below our initial one. That counter-offer,” he said, “is the one the Board considered Tuesday.” The Board’s decision is pending.

Part of the evidence in this case is a DVD recorded by the Sheriff’s car dash camera which reveals the stop, search and comments by the officers.

 

, , ,

14 Responses to Counter-offer pending in Boulaalam case

  1. C. Wyler August 13, 2014 at 5:27 pm #

    Better hope for the sake of those two officers that the board approves whatever settlement offer is being presented. That is embarrassing to lie that blatantly during a traffic stop with full knowledge the entire stop is being recorded. What happened to the officers for the incident?

     
    • disgruntled citizen August 14, 2014 at 12:13 am #

      Absolutely nothing… sgt and a deputy… no one fired, no one let go and no one punished for violating someones constitutional rights.

       
  2. Wondering? August 14, 2014 at 12:06 am #

    Has the DA determined that these two deputies are now Brady officers?

     
  3. Will be frying Bergers once again August 14, 2014 at 7:24 am #

    I can tell you what happened to the deputies….. NOTHING! Remember Obenberger backed his deputies and claimed they did nothing wrong and said publically that he stands behind them. Even when the evidence showed they did violate the law and Mr Boulaalam’s rights. Laws, rights, and proper procedures mean nothing to this department. Thus the reason it is all over the web to stay out of this county. Pretty pathetic that such a beautiful place has such a bad reputation just from one overzealous, undereducated, and completely unethical Sheriff and how he runs “his” department.

    The BOS will not settle this claim they will just keep denying any wrong doing and let it go on for years and years occurring more and more legal fees and expenses. Their standard MO. Eventually the claim will have to be paid and it will be 10 times what it would have been if they just settled it and moved on.

    My advice to Mr. Berrey is file your claim in Federal court and quit expecting these people to be reasonable, because they WILL NEVER BE!

     
  4. Reality in Mono County August 14, 2014 at 7:50 am #

    The reality in Mono County is the ego’s in the Sheriff’s Department and County Counsel are way bigger than their wallets and their brains. The Sheriff’s department alone is going to bankrupt Mono County from all these lawsuits. The inept County Counsel that thinks that all these lawsuits aren’t eventually going to come to a head and have to be paid out will just as responsible as the MCSO exiting Sheriff.

    Remember these names folks, OBENBERGER, WEBER, SCHOLL, MARSHALL RUDOLPH, and JOHN CARL VALLEJO when Mono County is bankrupt, because it will be their fault. As well as a BOS that did nothing about it. All they do is Just sit back and watch and hope they are out of office before it happens.

     
  5. GreekChorus August 14, 2014 at 9:51 am #

    We, citizens of Mono County, must remember that it was the DA’s decision and ADA David Anderson’s decision to prosecute Boulaalam. The DA had discretion whether or not to prosecute. Obenberger and Anderson are at fault here and the County Counsel has to clean up their mess. We citizens must now look into the DA’s office and question its ethics.

     
    • Honestly August 14, 2014 at 12:21 pm #

      Honestly GreekChorus I have always questioned the DA’s ethics because they always side with the Sheriff’s Department because they are just as much a part of the good ole boys club. That is how Kendal got appointed to that position in the first place. Then no one ran against him so it will continue. Hopefully the new Sheriff will rectify some of these issues with proper management of a sheriff’s department.

       
  6. RAM August 14, 2014 at 9:56 am #

    Mr. Boulaalam is a true patriot for standing up for our Fourth and Second Amendment rights.

    I commend you sir.

     
    • Desert Tortoise August 14, 2014 at 12:06 pm #

      The deputies made a bad traffic stop, yes, but driving around with loaded gun in his car emphatically does not make Mr. Boulaalam any kind of hero. Perhaps no mailce was intended but he was a complete dolt to do so.

       
    • Ken Warner August 14, 2014 at 12:30 pm #

      Mr. Boulaalam is a true patriot for carrying a loaded weapon in his car.

       
      • RAM August 14, 2014 at 2:05 pm #

        Nobody knows what goes on behind your front door without a warrant.

        Nobody knows what’s in anyone’s car without probable cause to search.

        And that’s the way it should be.

        Be happy you have a judge in Mono County that protects your 2nd and 4th amendment rights, as I’m confident the judge protects and supports your other rights too.

         
      • Witness August 14, 2014 at 3:36 pm #

        Ken, you got that right! Every law abiding U.S citizen has a constitutional right to bear arms!

        He also as the constitutional protection against unlawful search and seizure!

        Enough is enough, when is a higher authority going to step in and investigate this Sheriff’s department! There is more to the story than what hits the news!

        There needs to be accountability for the DA and the Sheriffs department!

        Hello, where is the grand jury! Oh that’s right, they only give suggestions!

         
  7. ILoveToFish August 14, 2014 at 8:16 pm #

    4 MORE MONTHS LEFT BERGER!!!

     
    • Sesame Seed Buns August 14, 2014 at 9:39 pm #

      Thank goodness. The sooner the better for everyone in Mono County!

       

Leave a Reply



KSRW · 1280 N. Main St. Suite J · Bishop, CA 93514 · 760-873-5329
Positive Projections Web Design