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A $3 million federal lawsuit that names the city of Pleasanton, a Pleasanton police officer and a number of others is continuing to make its way through the court system.
The case was filed by Brian Lancaster, a former Pleasanton resident, who claims he was the victim of several attempts to have him arrested, and that confidential information about him was shared by an Alameda County sheriff’s deputy and a San Ramon attorney.
The suit also claims that drugs and drug paraphernalia were planted in Lancaster’s car during a traffic stop.
The case names Pleasanton Police Officer Tim Martens, the city of Pleasanton, attorney Leslie Regina, Deputy Ryan Silcocks, and Alameda County.
One claim against Pleasanton has been dismissed, in which it was alleged Lancaster’s civil rights had been violated. Jeffrey Hubins, a Pleasanton attorney who represents Lancaster, said the judge ruled that illegally obtaining information was not a violation of Lancaster’s rights.
“Everything else exists against them — negligence, all the state law claims,” Hubins said. He explained that if the judge decides that any of the claims are valid under federal law, the judge could also choose to look at claims that state laws were violated. If not, the case could end up at the state level, where a new judge would consider evidence.
“If you have federal causes of action and state causes of action, you can bring them in federal court,” Hubins said. “The (federal) court has jurisdiction to rule on those if there is cause of action.”
Right now, the federal judge has to decide if, as the lawsuit claims, Martens violated Lancaster’s civil rights.
“What he told us to do is go, prove your case on Tim Martens, and if that sticks, I’ll rule on state law,” Hubins said. “What we have against Lesley (Regina) is all state law stuff.”
Regina has asked to be removed from the lawsuit, but the judge, for now, has refused her request. Silcocks has yet to file a response.
Because Silcocks hadn’t responded, a judgment was filed against him, but Hubins said he expects a response from Silcocks’ new attorney, and thinks the judgment will be set aside.
Regina, who has an office on Crow Canyon Court, was charged with one count of knowingly receiving records that she was not authorized to possess. Silcocks faces three misdemeanors, computer access and fraud, unauthorized disclosure of confidential information and unauthorized furnishing of a local criminal record.
The misdemeanor charges were filed last June and the trial for Regina and Silcocks has been postponed five times.
“They are stalling. That’s my opinion,” Hubins said. “I’m guessing they’re trying to negotiate with the D.A. and they don’t like what they’re getting, so they’re stalling.”
In court on Tuesday, Regina did not show up, despite being ordered to do so by Judge Jacob Blea III. She has yet to appear in court.
Her attorney, John Noonan, told Blea on Tuesday that Regina is still in discussions with the California state bar, which governs attorneys.
According to the bar’s rules of conduct, an attorney can be penalized if he or she commits a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, engages in conduct involving dishonesty, fraud, deceit or misrepresentation, or engages in conduct that is prejudicial to the administration of justice.
Penalties can range from sanctions to permanent disbarment.
The latest postponement was requested by Silcocks’ new attorney, Gabriel Quinnan, who said he has yet to receive documents from his client’s former lawyer.
The incidents in question took place in January and February 2012. Court documents say Silcocks entered a closed Alameda County building on Jan. 15, Jan. 17 and again on Feb. 21 and illegally accessed DMV and criminal records databases.
On two occasions, on Jan. 23 and Feb. 21, Silcocks sent text messages to Regina containing confidential information, court documents say. The two were charged on June 11, 2012.
A new trial date has been set for May 21.
good luck to you mr. lancaster. your a colorful character.
A malodorous tarry turd is still winding its way through the Alameda County Sewage System.
Penal Pro Hubins believes it could be a 3 million dollar stool. Hubins stated that he had no qualms defending the “smelly mass” so long as there’s a sliver of a chance to line his wallet with some more cash. Having no soul or backbone he finds a great deal of redemption in mocking the Law, and stated that he’d sell his mother if the price was right!
Good god Mrs. Lancaster you’ve birthed a multicolered mound of midden?
Good luck with that, how proud you must be!
Another “the cop planted it on me” lawsuit? How original…
Penal pro Hubins, said he’d gladly sell his own mother for the right price; and that just the mere mention of money makes him giddy with joy!
He’s feverishly working to have Scott Peterson’s verdict overturned for defamation of character and hurt feelings. Hubins is very excited to help every sallow faced bully that crawls his way. When asked if he was concerned about the consequences of his actions his only reply was “show me the money.”
HAHAHAHA, Brian is such a loser. Too bad he can’t keep his story straight due to all the meth that has killed his brain.
Wasted all this time and other people’s money to get nothing. Very funny that a stalker would file a lawsuit against the people he stalks for “making his life difficult”. HAHA. Even his own parents sold their house and skipped town to get away from him….
What a bunch of bitter people from the Regina camp or should I say you want it to look like allot of people – wow.
Uhhh, wake up! With Lancaster suing and pointing fingers at everyone, wouldn’t that make him the “Bitter Betty” in this fiasco? Isn’t he the one begging for cash instead of being a father and husband or a man even? No he’d rather drag his kids and family into a web of lies and excuses with this circus right? What a clown!
Also,
Do you actually think anyone would refer to him as a Mr.?
Obvious fake posting and notice how those comments are left alone. Why does Pleasanton Weekly continue to abet a known liar and abuser? Get the rope ready as it all goes down the drain? Good Riddance!
Wondering if this prediction will be as accurate as the rest Madam Cleo? So far seems your batting ZERO. Conversations with yourself all over the Internet – sad really.
Someone batting zero? Last we looked Lancaster, you have no job, no kids, 50k in child support debt, no place to live and now no 3 million dollars.
Who is batting what again? That’s right… keep whiffing DB!!
I thought all his charges were dismissed without prejudice? I’ve always likes Tuesdays