Jun 18, 2007 3:37 pm US/Pacific
O.C. Sheriff Sued Over Alleged Free Speech Breach
SANTA ANA, Calif. (CBS) ―
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Hunt allegedly issued public statements, radio addresses, press releases and disseminated campaign literature critical of the performance of Carona and his duties as sheriff.
A former sheriff's lieutenant filed a lawsuit Monday claiming his free speech rights were violated when he was demoted after accusing Orange County Sheriff Mike Carona of miring the department in scandal.
Bill Hunt, who headed up the sheriff's operations in the city of San Clemente before his demotion and retirement last December, filed the lawsuit against Carona and Orange County in U.S. District Court in Santa Ana, Eric Rose, spokesman for Hunt's attorneys said.
Damon Micalizzi, a spokesman for Carona, said he had not yet been briefed on the lawsuit and could not immediately comment.
Hunt, who ran against Carona for sheriff last year, said his demotion from lieutenant to deputy sheriff II on Dec. 22 resulted in monetary damages in excess of $72,979 a year.
In addition to compensatory damages, the lawsuit asks a judge to return him to his former rank and position as head of sheriff's operations in San Clemente.
"The lawsuit alleges that during the course of Lt. Hunt's political campaign during 2005-06, Lt. Hunt issued public statements, radio addresses, press releases and disseminated campaign literature critical of the performance of Carona in his duties as sheriff as well as addressing relevant law enforcement issues in the community," said Hunt's attorney, Richard A. Levine.
At one point, Hunt attempted to include in his ballot statement his contention that Carona's tenure was marked by "one scandal after another and his record is a failure," but a judge struck the sentence, ruling it violated provisions of the election code.
Carona, during the campaign, attributed attacks on his integrity to his enemies, including his former right-hand man, former assistant sheriff George Jaramillo, whom Carona fired. Jaramillo was later sentenced to a year in jail for public corruption.
Hunt had criticized Carona for being the subject of sexual harassment and campaign financing investigations. But he said he was prepared to return to his post following the June primary.
Instead, Hunt was placed on paid administrative leave on June 7, 2006, the day after Carona won re-election with 50.9 percent of the vote, which saved him from a runoff. Hunt received 26.5 percent of the vote.
After five months, Carona served a notice that he intended to demote Hunt to deputy sheriff II, based on alleged violations of the department's Manual of Rules and Regulations. The demotion resulted directly from Hunt's campaign communications, his lawyer said.
"We will be demonstrating that Carona's action was a case of political vindictiveness at its worse, and regrettably at the taxpayer's expense," Levine said.
Martin Mayer, a special counsel for the Sheriff's Department, said in a statement that he had informed Carona during the campaign that, in his opinion, Hunt crossed the line with many of his public statements, actions and accusations.
Mayer was out of the office until July 2 and could not be reached. A notice of proposed discipline sent to Hunt in October cited a variety of reasons for demotion, including allegations of breaching professional ethics and criticizing orders.
Hunt retired rather than accept the three-rank demotion, which drastically reduced his salary and caused him to suffer personal and professional humiliation, Levine said.
The lawsuit seeks compensation for alleged violation of Hunt's constitutional rights, as well as the infliction of humiliation, indignity and loss of professional and personal reputation.
He currently works as a private investigator.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)