Last month Sgt. Corey Paulich, a 16-year Lake County Sheriff's veteran, filed the suit, alleging that Sheriff Francisco Rivero violated his peace officer rights numerous times during a March investigation into a high speed chase in Clearlake in which two deputies supervised by Paulich took place, as Lake County News reports.
Paulich is seeking $150,000 in civil penalties – $25,000 for each of the six alleged violations – plus attorney's and other fees, according to the suit.
The suit was scheduled to go for a hearing on Monday morning before Judge David Herrick.
In a July 21 hearing Herrick had signed an alternative writ directing that the disciplinary investigation against Paulich be immediately be set aside or that the county and Rivero were to appear before him on Monday to show cause for having not done so.
Paulich's attorney Christopher Miller of the firm Mastagni, Holstedt, Amick, Miller & Johnsen appeared before Herrick, as did Deputy County Counsel Lloyd Guintivano and Rivero.
“When I initially reviewed the file I wasn't sure what direction it would take,” Herrick told them. “I'm now a little bit better informed about that.”
Herrick told them that after reading through the file over the weekend he had decided he needed to disqualify himself.
He said he would forward it to Judge Richard Martin, and suggested Martin also would recuse himself, which would leave Judge Andrew Blum to hear it, possibly that morning.
However, no hearing took place, as for the rest of the morning the matter was sent from one judge to the next for review.
Back in Herrick's courtroom in the afternoon after court reconvened following lunch, Herrick told the two sides that Martin and Blum also had recused themselves, which left Judge Stephen Hedstrom in Clearlake.
He also suggested retired Alameda County Superior Court Judge William McKinstry.
McKinstry is set to preside at the October trial in which the Lake County Correctional Officer's Association is suing the county and the sheriff, alleging unilateral changes to the correctional officers' peace officer status.
On Monday both sides agreed to have McKinstry hear the matter.
Herrick scheduled the hearing for 9 a.m. Friday, Sept. 9, in Department One.
E-mail Elizabeth Larson at
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