Last Aug. 20 Bismarck Dinius, 41, of Carmichael was found not guilty of felony boating under the influence causing great bodily injury and a misdemeanor count of boating under the influence. The jury deadlocked on a misdemeanor count of boating with a blood alcohol level of more than 0.08, which was dismissed.
He was prosecuted for a fatal boat crash that occurred on Konocti Bay on the night of April 29, 2006.
Dinius was sitting at the tiller of the sailboat Beats Workin II, owned by former Willows resident Mark Weber, when it was hit from behind by a powerboat driven by Russell Perdock, an off-duty sheriff's chief deputy.
The collision mortally wounded 51-year-old Lynn Thornton, Weber's girlfriend. She died days later.
As Lake County News reported earlier this month, Dinius hired Berkeley attorney Lawrence Masson to represent him in a federal civil rights lawsuit that he plans to file.
Victor Haltom, who successfully defended Dinius in the criminal case, told Lake County News late last month that an administrative claim first must be filed against the county in order to move forward with the lawsuit.
That first step was taken last week. Masson confirmed that he lodged the administrative claim with the county on Jan. 8. He offered no further comment on the claim's filing.
County officials confirmed that they received the claim on Monday.
County Counsel Anita Grant, speaking on behalf of the county and its employees named in the claim, said the claim follows a process required by the county's participation in the California State Association of Counties, Excess Insurance Authority (CSAC-EIA).
Grant said the claim was received by the clerk of the Board of Supervisors and forwarded to the George Hills Co., the county's third-party administrator for tort liability claims.
She said the George Hills Co. will respond to the claim after their review and consideration.
“Generally, a response is made within 45 days of the county's receipt,” she said.
In the claim document, Dinius is seeking an unspecified amount of more than $10,000 to cover his court costs and attorney's fees – which he has told Lake County News totaled more than $300,000 – as well as emotional distress, loss of his reputation and his job.
Dinius told Lake County News in a previous interview that he lost his job with Verizon last May, shortly before the original trial date, which later was moved back to July. He has been unable to find employment since losing that job.
County employees named in the claim as having caused the “injury, damage or loss” to Dinius include Perdock, Sheriff Rod Mitchell, District Attorney Jon Hopkins, Sgt. Dennis Ostini, Deputy Lloyd Wells, Capt. Cecil Brown, Capt. James Bauman, Sgt. James Samples, Sgt. Andy Davidson, Sgt. Dean Pick and retired Deputy Wesley Frey.
The claim alleges that “numerous LCSO officials, agents, and employees,” including but not limited to Mitchell and Perdock, “concealed, manipulated, and/or suppressed material exculpatory evidence” that showed Dinius' innocence.
At the same time, it's alleged that they suppressed material in “attempting to marginalize Perdock's criminal recklessness for the death of Lynn Thornton,” which the document calls a “homicide.”
The claim alleges that Perdock's powerboat was traveling at between 40 and 60 miles per hour at the time of the collision.
Hopkins is accused of “maliciously” causing Dinius' prosecution. The claim also draws attention to an open letter to the community Hopkins issued on July 17, 2009, which reportedly took place during jury selection.
“In a blatantly unethical and outrageous, unlawful effort to influence the jurors,” Hopkins allegedly defamed Dinius by calling him a “drunken sailor” and making other statements that cast Dinius in a bad light, the claim document stated.
Grant said if there is to be any settlement in the tort claim filed against the county in an amount in excess of $10,000, both the county and CSAC-EIA would have to approve it.
While the Board of Supervisors would discuss a pending claim in closed session, Grant said the approval for settling a claim would take place in an open board session.
E-mail Elizabeth Larson at
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