Los Valientes attorney Michael Pekin filed a lawsuit in federal
court last week alleging that San Benito County officials violated
his civil rights and those of his former legal aide in retaliation
for a corruption lawsuit the lawyer filed against a former county
supervisor more than two years ago.
Hollister – Los Valientes attorney Michael Pekin filed a lawsuit in federal court last week alleging that San Benito County officials violated his civil rights and those of his former legal aide in retaliation for a corruption lawsuit the lawyer filed against a former county supervisor more than two years ago.
The lawsuit, filed Dec. 29, claims that county officials encouraged District Attorney John Sarsfield to both criminally prosecute Pekin and his former legal secretary Amanda Hernandez and sue them civilly for their involvement in a 2003 lawsuit claiming that former county Supervisor Richard Scagliotti was corrupt. In the lawsuit, Pekin is asking for unspecified financial damages and attorney’s fees.
“It’s not constitutional to attempt to prevent a citizens group, like Los Valientes, to attempt to affect a change in government,” Pekin said.
The suit states that the county violated Pekin’s and Hernandez’s first amendment right to, “access the courts and petition the government for redress of grievances and exercise freedom of speech.”
As a result of the county’s alleged actions Pekin and Hernandez, “have incurred attorney’s fees, suffered humiliation, mental anguish and emotional and physical distress,” according to the suit.
Local attorney Bill Marder is representing Pekin and Hernandez, however he was unavailable for comment Tuesday.
This new lawsuit is just the latest salvo in a legal fight that has been raging for more than two years.
In 2003, Pekin and the anonymous group Los Valientes filed a suit against Scagliotti claiming that Scagliotti used his position on the Board of Supervisors to profit financially. Los Valientes later dropped out of the suit and county resident Juan Monteon took the role of plaintiff.
A year later Sarsfield filed a civil lawsuit against Pekin and his business, alleging civil rights violations and unfair business practices. That suit is ongoing. In February of last year, the district attorney filed five felony criminal charges against Pekin, including obstructing justice, attempting to elicit perjury and filing frivolous lawsuits. A judge dismissed those charges in June. In April, Sarsfield filed a misdemeanor charge against Hernandez, claiming that she was practicing law without a license. That charge was dismissed in September after two visiting judges declared the case weak and lacking enough evidence to proceed to a full trial. Just a couple weeks before, an out-of-town judge said the case against Hernandez was “extremely weak” and “an attempt to stifle” the lawsuit against Scagliotti. Hernandez, who had graduated from law school and passed the state bar exam, finally received her license to practice law last month.
Sarsfield said that he thinks Pekin’s latest legal jab will fail and that the county needs to take a hard line on people who file “frivolous” lawsuits.
“I think the lawsuit is ridiculous,” he said. “It will go exactly nowhere.”
Now that a suit has been filed, Pekin said the ball is in the county’s court. The county’s next move will be to answer the charges alleged in the lawsuit, he said.
The lawsuit demands a jury trial, and Pekin said he believes the case would do well in the hands a jury. But, he said, he is open to a settlement.
“It’s up to the county, they’re the wrongdoer,” he said. “I’ve been practicing law for 33 years, and every case that has been filed can be settled.”
Supervisor Reb Monaco said that he had been informed on Tuesday that Pekin is suing the county, but declined to comment further on the lawsuit. He said the matter had been turned over to attorneys with the county’s insurance company.
Luke Roney covers local government and the environment for the Free Lance. Reach him at 831-637-5566 ext. 335 or at [email protected]
