Soares alleges violations of her civil right to free speech, freedom of association, unreasonable search and seizure, the constitutional right to petition the government for regressive grievances, “and the right of freedom of commerce in the purchase and possession of legal substance for medical needs,” according to Michael D. Kwasigroch, her Simi Valley-based attorney.
The activist was one of five citizens who were under police surveillance, according to the lawsuit. According to the 2010-2011 Redondo Beach Police Department Budget Core Service Activities, a line item listed is “conduct surveillance of 5 known or suspected career criminals that are believed to be operating in Redondo Beach and/or adjacent cities.”
“I have never profited from cannabis cultivation,” Soares declared under penalty of perjury. “I have never sold any illegal drugs or violated California law.”
“I have to assume that I’m being targeted because Redondo Beach wants nothing to do with medical marijuana and doesn’t care that an overwhelming majority of California voters approved of the Compassionate Use Act,” Soares said.
Soares filed her case against the City of Redondo Beach, the Redondo Beach Police Department, Robert Carlborg, Jim Booth and “John Does 1 through 100.”
Judge John F. Walter has put the Defendants’ Motion for Summary Judgment and/or Adjudication of Issues on the court’s calendar for April 7 at 1:30 p.m. “Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument,” Judge Walter wrote.
“The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision,” the judge wrote.
The trial is scheduled for May 13-15 in U.S. District Court, Central District of California, case #CV13-02059 JFW (VBKx).