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Civil Jury Finds in Favor of Department in Controversial Excessive Force Case

October 28, 2009 14:02 by John McDonald

The case of Jamie Marie Meissner made news when her attorney accused the Department of removing video footage he claimed would show his client being the victim of excessive force. The missing footage was due to an error in editing, leaving the view of one camera and appearing in a second camera. When the footage was found it showed no misconduct by jail staff. The jury made it official: no excessive force. 

The Register gave this account:   

Jury clears sheriff’s deputies in excessive force case

October 27th, 2009, 11:44 am · posted by Tony Saavedra, Register investigative reporter

Jamie Marie Meissner, an Arizona health professional, has lost her lawsuit accusing Orange County Sheriff’s deputies of excessive force while she was being booked into the jail in March 2007.

Meissner, as Watchdog readers may recall, was questioned by Laguna Beach police for jaywalking and arrested on suspicion of giving false information to a police officer.

Video segments of Meissner’s encounter at the jail, included in a previous blog post, did not appear to show any evidence of abuse at the hands of deputies. Her attorney, Stephen Tornay, said it would probably come down to who the jury believed.

Last week, the jury came down on the side of the sheriff’s department.

“It’s not surprising that once the evidence was presented to a jury that they came to the conclusion they did,” said Sheriff’s Commander Tim Board.

To see the Register posting and the accompanying video click here.

Sheriff's Special Officers, Peace Officers Who Serve In Many Roles

October 28, 2009 07:19 by John McDonald

 

Over the past several years the duties of Sheriff’s Special Officers (SSO's) within the Orange County Sheriff’s Department have expanded significantly. 

SSO's serve in various divisions throughout the department including the CJX, Theo Lacy Facility, James A. Musick Facility, Airport Operations, Court Operations and the Security Bureau. 

The multi-faceted use of SSO's can sometimes create confusion about their official powers and responsibilities as Peace Officers.  

This training bulletin will attempt to clear up some of those misconceptions and serve as a reference to members of the department.

What are Sheriff’s Special Officers?

Sheriff’s Special Officers are duly sworn and appointed Peace Officers.  They derive their authority from California Penal Code sections 830.33, 830.35, and 830.36.  They have the authority to make arrests and utilize force (within the confines of the law and department policy) for the purpose of performing their primary duty. Can Sheriff’s Special Officers carry and utilize handguns, Electronic Control Devices (ECDs/TASERs), batons and Pepper Spray?Yes, within the guidelines and policies of the Orange County Sheriff’s Department and all applicable laws.

Can Sheriff’s Special Officers carry concealed weapons off-duty?

Yes.  California Penal Code section 12027 exempts certain peace officers from the requirements of California Penal Code section 12025 which prohibits the carrying of concealed weapons.  The Court of Appeals has ruled that Sheriff’s Special Officers meet the requirements for the exemption and therefore do not need to obtain a CCW permit to carry a concealed weapon off-duty.

Are Sheriff’s Special Officers Peace Officers when they are off-duty?

Yes, the Court of Appeals has ruled that Sheriff’s Special Officers qualify to carry concealed weapons off-duty based on their status as Peace Officers.  That said, Title 6 of the Departments Rules and Regulations states “Special Officers and Deputy Coroners, while off-duty, have no general duties to perform as an employee of the Orange County Sheriff-Coroner Department”.  This does not lessen their off-duty status as peace officers, however it diminishes the expectation for them to act in their official capacity as peace officers while off-duty.