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Old 10-29-2008, 03:11 PM
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Default Update: Ukiah Marijuana Grower Files Civil Lawsuit From Jail Cell

A Ukiah man known for his conspicuous pot-growing operations has filed a federal civil rights lawsuit claiming Mendocino County law enforcement officers ignored his request for an attorney while conducting a search of his home in February.

Memo Parker's lawsuit also claims that law enforcement officials conspired to deprive him of his civil rights and that Sheriff Tom Allman has failed to adequately train officers to prevent such violations.

"These acts set a dangerous precedent and also highlight what seems to be a broader pattern within the Mendocino County Sheriff's Department acting through tactics designed to suppress and eradicate lawful medical marijuana within the county," said Parker's attorney, J. David Nick.

Parker, 37, could not be reached for comment. He's been in the Mendocino County Jail since August as part of a plea agreement he made in April.

In exchange for having drug charges against him dropped, Parker pleaded no contest to conspiracy to commit an offense injurious to public health or morals and agreed to sell his two west Ukiah homes and turn over $95,000 of the proceeds to authorities.

He has not sold the homes.

Allman declined to comment on Parker's lawsuit and referred phone calls to Mendocino County Counsel Jeanine Nadel, who could not be reached for comment Tuesday.

The lawsuit seeks an unspecified amount of compensation.

Parker's legal battle is emblematic of the struggle to determine what constitutes legal pot production since voters legalized marijuana for medicinal use in 1996. Parker, who says he grows medical marijuana, has been a central figure in Ukiah's battle over the issue.

Complaints from Parker's neighbors over the stench of Parker's ripening pot and an attempted armed robbery at his home were cited by Ukiah officials when they passed an ordinance that banned outdoor pot cultivation.

Nick said law enforcement authorities have persisted in acting as though all marijuana production is illegal. Law enforcement officials have said Parker has pushed far beyond the limits of the law.

He has twice been arrested for growing more than 200 plants at a time.

Nonbinding state guidelines for medical marijuana production suggest six mature plants per patient.

Nick said large gardens are not illegal, and compensation is acceptable as long as it's not for profit.

When Parker was arrested in February on suspicion of having 300 pot plants and 30 pounds of processed marijuana, he was awaiting a second trial on charges of growing 193 mature plants, numerous starter plants and possessing concentrated cannabis.

Drug charges in both cases were dropped in April in exchange for his plea.

Under the agreement, authorities agreed to return two vehicles -- a BMW sedan and a sport utility vehicle -- and $20,000 in cash seized from Parker's home and bank account. The marijuana and another BMW seized by federal agents during the February raid were not part of the agreement.

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