Sgt. Corey Paulich filed the lawsuit last month in Lake County Superior Court, alleging that his peace officer due process rights were violated repeatedly by Sheriff Francisco Rivero during a March internal affairs investigation about a high speed chase that involved deputies under Paulich's supervision, as Lake County News has reported.
The case made its first appearance before Lake County Superior Court Judge David Herrick on Thursday, July 21.
The suit alleges that Rivero accused Paulich of wrongdoing, failed to inform him of his statutory rights and threatened that he would be “held accountable” for the actions of others during a series of on- and off-duty interrogations following the incident.
Paulich's suit seeks $150,000 – or the maximum of $25,000 for each of the six alleged violations of his rights under the Public Safety Officers Procedural Bill of Rights Act – along with attorney fees and other associated costs.
He's also seeking a court order setting aside the disciplinary investigation.
Rivero had said in a written statement released in the wake of the suit's filing that while his agency respected and honored procedural rights of those under investigation, “we are equally obligated to hold our law enforcement personnel strictly accountable for their actions.”
On July 21 Paulich and his attorney, Christopher Miller of the firm Mastagni, Holstedt, Amick, Miller & Johnsen – who represents Paulich as general counsel for the Lake County Deputy Sheriff's Association – appeared, but no representatives of either the sheriff's office or the county were present, Miller said.
During the hearing Miller presented the court with proofs that both the county and sheriff's office had been served with the lawsuit, according to case documents.
Herrick ruled there was good cause to issue an order to show cause and an alternative writ.
The judge signed an alternative writ directing that the disciplinary investigation against Paulich is to immediately be set aside or, alternatively, that the county and the sheriff must appear before him on Monday, Aug. 22, to show cause for having not done so.
County Counsel Anita Grant – whose office is representing both the county and the sheriff in the suit – said that while the county could have appeared at the hearing, “the order to show cause is where the meat of the hearing will be,” and that will take place on Aug. 22.
She said one of her staff members and a sheriff's office representative will be present at that hearing.
Asked if the disciplinary investigation against Paulich has been set aside according to the judge's order, Grant said she could not discuss anything of substance about the case at this point.
In a series of e-mails with Lake County News, Miller said he has received no response from the county regarding the suit and does not know if the disciplinary investigation has been halted.
In addition to Paulich's case, the county and the sheriff's office will appear in court this month for trial in the Lake County Correctional Officer's Association's suit against the sheriff, scheduled to start Aug. 16.
In that case, the association is alleging that Rivero unilaterally stripped correctional officers of peace officer status granted them by state legislation in 2008, changing them back to “custodial” officers and removing their ability to carry firearms unless transporting prisoners.
Rivero said this spring that the actions against the correctional officers were necessary due to potential liability arising from allowing them to carry firearms.
E-mail Elizabeth Larson at
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