OFF THE WIRE
By DEE MOORE
SPRINGFIELD, Ore. (CN) - A medical marijuana cardholder claims in court that police refused to investigate the theft of his pot plants, but falsely accused him of making pipe bombs, though he told the officers that he used the pipes to make hashish.
Anthony Beasley sued the City of Keizer and the Marion County District Attorney, in Lane County Court. He alleges trespass, false light/privacy invasion and interference with contract.
"Because of the inaction of the police, exacerbated by the threats made by the individuals who stole his marijuana with seeming impunity, Mr. Beasley was forced to move himself and his marijuana to another location. Because it was located in another location, the marijuana was seized by the police, leaving Mr. Beasley without his medicine," the complaint states.
Beasley claims he discovered on Oct. 10, 2007, that thieves had broken into his yard and stole his marijuana plants. Beasley, a licensed medical marijuana user and legal "caregiver-grower" for three other people, claims that neighbors had witnessed the crime, so he was able to tell Keizer police who had stolen his pot.
Here it gets rather complicated. Beasley claims that the pot thieves broke into his home again a week later and "called the police to report two 'pipe bombs' in Beasley's home."
The complaint continues: "Ignoring the fact these were the two people who were identified as those who stole marijuana from Mr. Beasley just a week ago, and ignoring the fact that these individuals were in the home of Mr. Beasley illegally, Keizer Police Officers entered the home in search of the alleged 'pipe bombs.'
"No explosive or 'bomb-like material' was identified.
"Mr. Beasley called 911 after his landlord informed him the police were there about alleged 'pipe bombs.' The police officers on the scene did not speak to Mr. Beasley until after they entered the home and searched the residence. Mr. Beasley wanted to tell them there were not 'pipe bombs,' that there were pipes for manufacturing hashish; and this is exactly what he told them when they finally chose to speak with him."
Beasley says he asked the police to arrest the two people who had broken into his home and reported the "pipe bomb," but police refused.
He claims police knew he was growing the weed legally, as they had made "previous visits to the location."
Two days later, on Oct. 19, Beasley says, the police offended him again - twice. He says the Keizer Police "distributed" a "media release" about "his troubles with police and thieves," and that "several local periodicals" reported on it.
Also that day, he says, police returned to his home, with a warrant, to search for hashish.
Also that day, Beasley says, his landlord evicted him, "due to the false accusations of pipe bombs and manufacturing controlled substances."
Beasley claims that the search warrant falsely alleged that "hashish in any quantity is a felony not covered by the Oregon Medical Marijuana Act, and the warrant was issued in reliance on that false statement."
Beasley says it ain't so: that medical marijuana cardholders can make hashish up to "quantities ... permitted by statute."
As a result of all this, Beasley says, he lost his medicine, he was evicted, and he was refused housing because of his local notoriety, generated by the media release and reports.
He claims his has suffered due to loss of his medicine, ongoing stress and anxiety.
"Public disclosure of Mr. Beasley's private facts resulted in forcing him [to] hide away, becoming a recluse," the complaint states.
"Fear of the public brought about depression, with his mental and emotional stress giving rise to even more serious health problems, including significant weight gain, night terrors, and other health issues."
He seeks monetary damages.
He is represented by Brian Michaels and Marianne Dugan of Eugene.
