On Oct. 18, a federal judge dismissed a lawsuit by a Santa Barbara man alleging excessive force by a Santa Barbara County Sheriff’s Office deputy during a search.
U.S. District Judge James Selna dismissed the case, accepting a report by U.S. Magistrate Judge Gail Standish that there was insufficient evidence to prove that the deputy violated Jose Gonzalez’s Fourth Amendment right.
Gonzalez claimed that Deputy David Wicklund used excessive force while giving a pat down in the area of his groin during a traffic stop sometime in early 2013.
According to Standish’s report, Gonzalez said Wicklund made him spread his legs apart further and further as Wicklund used his hands “to slap around [Jose’s] testicles” while searching for objects. Standish wrote that this type of search isn’t a violation of constitutional rights.
“The handling of Jose’s genitals was not gratuitous, but occurred during a legitimate pat down search of his groin,” Standish wrote. “Furthermore, there are no facts in the TAC [third amended complaint] alleging that Jose suffered any pain or injury to his genitals.”
The allegation arose out of a 2013 incident where a private citizen complained to Santa Barbara County Animal Services that horses belonging to Gonzalez were being malnourished and generally mistreated, according to court documents.
Animal control officers were later dispatched to check the welfare of the horses, which were seized and ultimately adopted, court documents show.
When reached by telephone, Gonzalez told the Sun that he is appealing the judgment, but declined to discuss further details until a final decision is made.
“I have a right to object to the commissioner’s ruling,” Gonzalez said.
This article appears in Oct 27 – Nov 3, 2016.