Counter-offer pending in Boulaalam case

monocourthouse2008Attorney Allen Berrey, who represents a man who was stopped and searched by Mono Sheriff’s officers last year, tried to explain that case to the Mono Supervisors this week in public comment. A closed session on the case was scheduled for the Board and their lawyers. Attorney Berrey now awaits word on the Board’s decision on his counter-offer to settle the case.

It was last July that two Mono officers stopped Youssef Boulaalam, claiming they thought he was driving under the influence. However, they did not investigate his sobriety. Instead, they searched his car and found a handgun which he told them was there. Weapons charges were filed but later dropped when Judge Mark Magit threw out the gun evidence based on no probable cause for the stop.

A claim, containing no stated dollar amount, was filed against Mono County in January. The claim alleged civil rights violations, fabrication of evidence, false arrest and imprisonment and violation of Fourth and Second Amendment rights. The claim arose out of the traffic stop and search of Mr. Boulaalam’s car and his arrest. Mono County rejected the claim. Before proceeding with a lawsuit, attorney Berrey said he made an offer to settle the case in June.

Berrey said the County rejected his offer and counter-offered an amount that would only cover Mr. Boulaalam’s legal fees and expenses in the criminal case and for pursuing the claim for damages. Berrey said, “We rejected that offer and counter-offered an amount slightly below our initial one. That counter-offer,” he said, “is the one the Board considered Tuesday.” The Board’s decision is pending.

Part of the evidence in this case is a DVD recorded by the Sheriff’s car dash camera which reveals the stop, search and comments by the officers.

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ILoveToFish
ILoveToFish
9 years ago

4 MORE MONTHS LEFT BERGER!!!

Sesame Seed Buns
Sesame Seed Buns
9 years ago
Reply to  ILoveToFish

Thank goodness. The sooner the better for everyone in Mono County!

RAM
RAM
9 years ago

Mr. Boulaalam is a true patriot for standing up for our Fourth and Second Amendment rights.

I commend you sir.

Desert Tortoise
Desert Tortoise
9 years ago
Reply to  RAM

The deputies made a bad traffic stop, yes, but driving around with loaded gun in his car emphatically does not make Mr. Boulaalam any kind of hero. Perhaps no mailce was intended but he was a complete dolt to do so.

Ken Warner
Ken Warner
9 years ago
Reply to  RAM

Mr. Boulaalam is a true patriot for carrying a loaded weapon in his car.

RAM
RAM
9 years ago
Reply to  Ken Warner

Nobody knows what goes on behind your front door without a warrant. Nobody knows what’s in anyone’s car without probable cause to search. And that’s the way it should be. Be happy you have a judge in Mono County that protects your 2nd and 4th amendment rights, as I’m confident… Read more »

Witness
Witness
9 years ago
Reply to  Ken Warner

Ken, you got that right! Every law abiding U.S citizen has a constitutional right to bear arms! He also as the constitutional protection against unlawful search and seizure! Enough is enough, when is a higher authority going to step in and investigate this Sheriff’s department! There is more to the… Read more »

GreekChorus
GreekChorus
9 years ago

We, citizens of Mono County, must remember that it was the DA’s decision and ADA David Anderson’s decision to prosecute Boulaalam. The DA had discretion whether or not to prosecute. Obenberger and Anderson are at fault here and the County Counsel has to clean up their mess. We citizens must… Read more »

Honestly
Honestly
9 years ago
Reply to  GreekChorus

Honestly GreekChorus I have always questioned the DA’s ethics because they always side with the Sheriff’s Department because they are just as much a part of the good ole boys club. That is how Kendal got appointed to that position in the first place. Then no one ran against him… Read more »

Reality in Mono County
Reality in Mono County
9 years ago

The reality in Mono County is the ego’s in the Sheriff’s Department and County Counsel are way bigger than their wallets and their brains. The Sheriff’s department alone is going to bankrupt Mono County from all these lawsuits. The inept County Counsel that thinks that all these lawsuits aren’t eventually… Read more »

Will be frying Bergers once again
Will be frying Bergers once again
9 years ago

I can tell you what happened to the deputies….. NOTHING! Remember Obenberger backed his deputies and claimed they did nothing wrong and said publically that he stands behind them. Even when the evidence showed they did violate the law and Mr Boulaalam’s rights. Laws, rights, and proper procedures mean nothing… Read more »

Wondering?
Wondering?
9 years ago

Has the DA determined that these two deputies are now Brady officers?

C. Wyler
C. Wyler
9 years ago

Better hope for the sake of those two officers that the board approves whatever settlement offer is being presented. That is embarrassing to lie that blatantly during a traffic stop with full knowledge the entire stop is being recorded. What happened to the officers for the incident?

disgruntled citizen
disgruntled citizen
9 years ago
Reply to  C. Wyler

Absolutely nothing… sgt and a deputy… no one fired, no one let go and no one punished for violating someones constitutional rights.