A complaint alleging the San Bernardino Sheriff’s Department harassed dog rescuers was dismissed in federal court Aug. 18.
The federal court found that sheriff’s deputies reasonably seized the plaintiff’s phones and did not rely on false pretenses to obtain search warrants.
The plaintiff’s lawyers and the sheriff’s department have not responded to calls for comment.
The plaintiff’s March 19, 2021, second amended complaint claimed sources in the San Bernardino Sheriff’s Department contacted animal rescue groups in August, 2020, to help rescue more than 80 German shepherds confined in an illegally run kennel in the high desert community of Hinkley.
At the time, the dogs’ owner, Alla Zorikova, was facing animal cruelty charges, the complaint says.
When found, some of the dogs were confined in small wire cages, or tied up by the neck with chains.
The dogs were exposed to predators, parasites and 104-degree weather, and lacked food and water, the complaint claims.
Some had fractured teeth, burnt paw pads, distended abdomens and diarrhea, the complaint claims.
Zorikova lived in Los Angeles and ran a website on which she sold German shepherds, the complaint claims.
An archived version of the website shows that they sold German shepherds for $2,700.
The Sheriff’s Department euthanized 14 dogs, and animal rescue groups started taking care of others.
The district attorney decided not to prosecute Zorikova, citing lack of evidence.
According to the court ruling, Zorikova reported some of her dogs stolen, and the Sheriff’s Department began to investigate.
The sheriff’s investigation amounted to harassment and intimidation against both animal rescuers and a reporter, the complaint claims.
Sheriff’s deputies unreasonably seized the animal rescuer’s phones and laptops and obtained search warrants on the false pretense that the dogs were stolen, the plaintiffs claimed.
The court found that Sheriff’s Detective Brian Grimm, who obtained the search warrants, had probable cause to believe the dogs were stolen based on Facebook threads in which the animal rescuers discussed transporting the dogs and based on what the Grimm knew at the time.
Sheriff’s deputies also acted reasonably when they seized the plaintiff’s phones and laptops, because they might have held important information about the investigation, the court ruled.
“Defendants are still, six months later, in the midst of an inter-state campaign of harassment, intimidation and terror they began in September, 2020, against animal rescuers, reporters, and anyone else who may know the whereabouts of dozens of German shepherd dogs that the San Bernardino Sheriff’s Department initially called on community members to help rescue from horrific conditions on unimproved land in the middle of the desert, but then determined should instead be returned to their abusers,” their complaint begins.
Five animal rescuers brought the complaint.
Christina Sato, a real estate agent who volunteers with animal rescue groups, claims the Sheriff’s Department seized computers from her house, hurt her daughter’s arm and seized a computer containing firefighter training certifications which Sato’s other daughter needed for a job interview the next day.
A second plaintiff, firefighter Diley Greiser, runs an animal rescue nonprofit. She claimed the Sheriff’s Department took her only phone, preventing her from communicating with others and harming her nonprofit.
Grimm also inspected the Nevada home of Chelsea and Thomas Ward, who run a nonprofit animal-rescue group called Southern Nevada Animal Rescue League. Grimm stated they were investigating the theft of German shepherds from the desert in San Bernardino, the complaint claims.
Grimm directed Ward to kennel a rescue dog, causing the dog to defecate on their bedroom floor. Grimm told Ward to leave the defecation, then called Child Protective Services because of it, the complaint claims.
The plaintiffs have also sued the county in San Bernardino Superior Court, case number CIVDS2017383. The state complaint asks for the return of phones, but also claims violation of civil rights, negligence and misuse of trial funds.
This trial began Aug. 22
California Central District Judge Jesus Bernal presided over the federal suit.
Bryan Pease of San Diego’s Law Offices of Bryan W. Pease, G. David Tenenbaum of the Beverly Hills Law Offices of G. David Tenenbaum and Casey Gish of the Las Vegas Law Office of Casey D. Gish represented the plaintiffs.
Heidi Williams, Michelle Prescott and Christopher Wesierski defended San Bernardino County and Brian Grimm.
Case number 5:20-cv-01876.
Read the complaint here.
Read the order granting summary judgment here.
