Arrest at club spurs lawsuit

A Jamestown man is suing the Tuolumne County Sheriff’s Office and Sheriff Jim Mele for alleged false imprisonment.

Wayne Russo also alleges defamation of character and theft of property and is asking for $5 million is compensatory and punitive damages.
  

The case centers around an incident July 15, 2007, at the Rosalinda bar and motel on Highway 108 west of Jamestown, formerly called the Winkin’ Lantern.

Police said they interrupted what they believed was a sexual assault in progress in one of the rooms, the report said.

Deputies interviewed both the female victim and Russo, and arrested Russo following the investigation, reports said at the time.

He was charged with sexual penetration by a foreign object and false imprisonment by violence.

Russo later pleaded guilty to the latter charge in a plea agreement and is now held at Deuel Vocational Institution in Tracy.

He attempted to withdraw his plea, but the request was denied and he was sentenced to two years and eight months in prison in April 2008, according to the District Attorney’s Office.

On March 10, Russo sued the Sheriff’s Office and Mele. Court documents say deputies arrested Russo without cause and did not secure his property, which resulted in the loss and damage of motor vehicles.

Russo also alleges the office failed to provide necessary medical facilities and care after he alerted them he had sleep apnea.

During his criminal proceedings, the office failed to provide evidence and testimony favorable to Russo, “as required by obligation as officers of the court and as sworn public servants,” the document says.

Tuolumne County Deputy County Counsel Christopher Schmidt couldn’t comment on details of the case, but he said the Board of Supervisors submitted it to outside counsel covered under an insurance policy April 7.

He did say Russo’s claim has some legal deficiencies.

“He didn’t have counsel when he drafted it so there are a lot of nonsensical causes of action,” Schmidt said.

Russo has also requested an attorney under his right to access to the courts. His is unable to prosecute the case himself due to poverty, illiteracy and dyslexia, he says in court documents.

Tuolumne County Superior Court Judge James Boscoe denied the request.

“Plaintiff’s complaint doesn’t provide enough to the court for a determination to be made whether his claim is bona fide,” he wrote in his order.