The following is the core text from a lawsuit filed in Federal District Court on October 17, 2024 by a Ms. Kelli Johnson, a Sacramento environmental attorney who works for the California Air Resources Board, stemming from an incident that occurred on September 5, 2023 in the town of Mendocino when she was arrested, transported to the Mendocino County jail and booked on a charge of disorderly conduct-under the influence.
Readers may recall that she made an emotional presentation to the Supervisors when they met on the Coast back in September of 2023, more than a year before the suit was filed: https://theava.com/archives/228379
Most of the mistreatment allegations in her description of September incident were included in her statements at the time. What’s new is her description of what she admits lead up to the incident and what may have provoked the alleged bad treatment she objects to.
This lawsuit arises from the harm suffered by Plaintiff Kelli Johnson (“Plaintiff') at the hands of Defendant County of Mendocino (“Defendant County”) and its agents on September 5, 2023. Although Plaintiff had committed no crime, and was non-violent and unarmed, she was assaulted, battered, wrongly detained, subjected to excessive and unreasonable force, falsely arrested and imprisoned, and subjected to negligence by Defendant County's Sheriff Deputies, who intentionally inflicted emotional distress on her in retaliation for exercising her First Amendment rights, and in violation of the Tom Bane Civil Rights Act. [Also known as the 1988 California Hate Crimes Act.]
Plaintiff was, among other matters, illegally held and abused for approximately twenty-four (24) hours, including being deprived of water and a restroom for over three hours, body-slammed into a wall, carried by handcuff chains, and thrown into solitary confinement without access to an attorney. Such conduct by Defendant County's Sheriff Deputies caused extensive internal and external bruising to Plaintiffs body. This physical trauma also led to severe psychological damage and triggered a resurgence of Plaintiffs rare neurological disorder, Complex Regional Pain Syndrome (“CPRS”), which is a debilitating pain condition that affects the functioning of one's limbs. Despite such conduct by Defendant County's Sheriff Deputies, Defendant County's Sheriff, Matt Kendall, among others, subsequently ratified their conduct, publicly expressing that the Deputies did not act out of line.
Facts Common To All Claims For Relief
On the morning of September 5, 2023, two of Defendant County's Sheriff Deputies, Defendant Jensen and Defendant Doe 1, arrived at the house that Plaintiffs parents were renting on Little Lake Road, Mendocino, California, in response to a call from Plaintiff’s mother.. Plaintiff’s mother had called Defendant County's Sheriff’s Office in response to a panic attack Plaintiff was having. Plaintiff had not broken the law or threatened her mother in any way.
When Defendant County's Sheriff Deputies arrived, Plaintiffs mother informed them that she wanted Plaintiff to leave. Defendant Deputy Jensen and Defendant Doe 1 asked Plaintiff why she did not leave, and Plaintiff informed them that she could not drive because she had been drinking and smoking marijuana that she had legally purchased at the dispensary in town, and that there were no Lyfts or Ubers available. Plaintiff explained that she had nowhere else to go and needed to take a nap so that she could safely drive to Napa, California, for a date that evening on her way to Sacramento, California.
Plaintiff said she would wait until the evening before driving to ensure that she was sober.
Plaintiff offered to go down to the police station prior to driving to take a breathalyzer test, but Defendant Jensen and Defendant Doe 1 told Plaintiff that they would not have a breathalyzer available for her to use.
Defendant Jensen continued to question Plaintiff and cut her off repeatedly when she responded. Plaintiff then told Defendant Jensen that he was bad at his job, whereas Defendant Doe 1 was good at his job. Plaintiff also said that Defendant Doe 1 should be Defendant Jensen's superior, and told Defendant Doe 1 that he had “big dick energy” whereas Defendant Jensen had a “small dick” and that “I know because I can tell this sort of thing”
Eventually, Defendant Jensen and Defendant Doe 1 left after admitting there was nothing they could do because Plaintiff had not broken any laws.
Later that afternoon, Plaintiff was showering and was interrupted by her parents who informed her that the landlord of the Little Lake Road property had insisted that Plaintiff leave. Plaintiff’s mother threatened to call the police again, causing Plaintiff to have another panic attack.
Plaintiff’s mother told her to get out of the house because Defendant County's Sheriff Deputies were on the way. Plaintiff grabbed a glass of water and walked out of the house.
Plaintiff had walked across the street and one house down when Defendant Jensen pulled up beside her in his patrol car and yelled Plaintiff’s first name-”Kelli!” Defendant Jensen pulled in front of Plaintiff, blocked the roadway, and demanded that she have a conversation with him. Plaintiff asked if she was being detained; Defendant Jensen say “yes.”.
Defendant Jensen exited his patrol car and :walked over to Plaintiff. He then grabbed the glass of water. Plaintiff held onto it and said, “I'm drinking that.” He said, “Not anymore.” Plaintiff said, “Can I at least have a sip?” He then snatched the glass out of her hand and threw it to the side of the road, breaking the glass. Defendant Jensen then walked Plaintiff over to his patrol car to interrogate her. During the interrogation, Plaintiff told Defendant Jensen that his mustache was hideous and that she didn't understand how he could look at himself in the mirror every morning and not shave it. Plaintiff offered to give Defendant Jensen time to go and shave his mustache off.
Defendant Doe 1 arrived in his patrol car while Defendant Jensen was interrogating Plaintiff..
Defendant Jensen responded to Plaintiffs mustache comment by arresting her. Plaintiff asked why she was being arrested and he responded, “public intoxication.”
Plaintiff was clearly no longer intoxicated.
During the arrest, Defendant Jensen smashed Plaintiff against the patrol car and grabbed her arms. Plaintiff demanded that Defendant Jensen stop manhandling her and requested that the “hot officer” (Defendant Doe 1) arrest her instead. Defendant Jensen refused, but Plaintiff insisted that she did not feel comfortable with him arresting her since he was being so violent. Eventually, Defendant Doe 1 handcuffed Plaintiff and placed her in the back of his patrol car.
Drive to Ukiah County Jail
Plaintiff was taken on a 3-hour drive to the Ukiah County Jail. At first, Plaintiff was driven by Defendant Doe 1, who later transferred Plaintiff to the patrol car of a female deputy (“Defendant Doe 2”).0.
During the drive, Plaintiff repeatedly begged Defendant Does 1-2 to buckle her seatbelt. Defendant Does 1-2 refused and continued to drive recklessly, causing Plaintiff to fly from one side of the patrol car to the other.
At all times, Plaintiffs hands were cuffed behind her back, making it impossible to buckle herself in or brace herself.
Plaintiff also repeatedly asked Defendant Does 1-2 for water and for a restroom break.
Defendant Does 1-2 said that Plaintiff would have to wait 3-hours until they arrived at Ukiah County Jail. Plaintiff explained that she could not wait that long and informed Defendant Does 1-2 that she desperately needed water, explaining her neurological condition would be exacerbated if she did not hydrate. When Plaintiff told Defendant Doe 2 that she could not hold her urine any longer, Defendant Doe 2 said “do what you need to do.” Plaintiff asked what that meant, and Defendant Doe 2 repeated, “do what you need to do.” Plaintiff asked if that meant she should urinate in the back of the patrol car, to which Defendant Doe 2 repeated, “do what you need to do.” Plaintiff pulled down her sweatpants, inch by inch, with her hands cuffed behind her back and leaned her lower body over the edge of the seat and urinated onto the floor of the patrol car.
Due to the length of the car ride, Plaintiff was forced to urinate in the back of the patrol car twice. Because Plaintiffs hands were cuffed behind her back, she was unable to pull her pants back up after urinating. Plaintiff spent the remainder of the drive with her pants at her knees and her genitals exposed.
At this time, Plaintiff began having a severe panic attack. When Defendant Doe 2 attempted to transfer Plaintiff into a male Deputy's car for the last leg of the drive, Plaintiffs pants were still at her knees, and she was having another severe panic attack. Defendant Does 1-2 attempted to force Plaintiff to walk to the male Deputy's car, but she was unable to walk due to her CRPS. Defendant Does 1-2 gave up on the transfer, and Defendant Doe 2 drove Plaintiff the duration of the way to the jail Ukiah Comity Jail.
Upon arrival to Ukiah County Jail, Plaintiffs pants were still at her knees, and she was still experiencing panic attacks. A Deputy opened the door of the patrol car, exposing her genitalia to approximately six (6) other Deputies. Plaintiffs feet were chained together before she was dragged out of the patrol car by several Defendant Deputies. As Plaintiff was dragged, the chain connecting her ankles got caught on her pinky toe. Plaintiff explained that the chain was caught, she was in pain, and could not walk. The Defendant Deputies ignored Plaintiff and dragged her a substantial distance to the entrance of the jail by her arms, causing extensive bruising.
At the entrance of Ukiah County Jail, a short and heavy deputy with a mustache (“Defendant Doe 3”) said, “You don't get to talk now.” Plaintiff responded, “Actually, I get to say whatever the fuck I want whenever the fuck I want, and there is nothing you can do about it bitch.”
Three Deputies (“Defendants Does 4-5” and Deputy Lopez-Gonzales) responded by body-slamming Plaintiff into the wall. Defendant Lopez-Gonzales twisted Plaintiff’s wrist into a vice grip. Plaintiff screamed and begged him to loosen his grip because it felt like her wrist was on the verge of breaking; however, Defendant Lopez-Gonzales continued to twist her wrist.
Plaintiff was then carried by her handcuff chains by approximately four Deputies (“Defendant Does 6-9”), causing severe bruising up and down both of her legs. Plaintiff cried and begged them to release her due to the excruciating pain of having her entire upper body weight resting on the sharp inner edge of the handcuffs. Defendant Does 6-9 carried Plaintiff this way until they placed her in solitary confinement.
In solitary confinement; Plaintiff was provided with nothing but a cup of water. There was no toilet, just a grate for her to squat over. The Defendant Deputies had taken her shoes and glasses and provided her with no socks, sweater, or blanket. Plaintiff begged for a phone to speak to a lawyer, but the Defendant Deputies refused.
Plaintiff was unable to sleep due to the relentless bright fluorescent lights, which were never turned off. The Defendant Deputies refused to tell Plaintiff how long she would be in solitary confinement or when she could use a phone to speak to a lawyer.
Plaintiff continued to have recurrent panic attacks. Plaintiff explained this mental health breakdown and begged Defendant Deputies to initiate their procedures for handling detainees having mental health breakdowns. The Defendant Deputies ignored Plaintiff. Plaintiff also explained that the Defendant Deputies had violated her constitutional rights. The jail attendee who had brought her water replied: “You're not from around here, are you?” Plaintiff responded with something along the lines of: “Oh, I get it. Your small-town police force thinks they are above the law! Well guess what, the Constitution is the Supreme Law of the Land, and it applies everywhere in this country, including your small-town police force.”
At approximately 7 p.m., the night shift Deputies arrived and took Plaintiff out of solitary confinement. The Deputies brought Plaintiff to a holding cell, provided her with socks and a sweater, and gave her access to a phone. While in the holding cell, Plaintiff experienced recurring severe panic attacks. Plaintiff was exhausted and tried to sleep, but could not, due to the intense fluorescent lights.
Plaintiff repeated her request to initiate the procedures for detainees experiencing a mental health breakdown. The Deputies brought Plaintiff to see the mental health professional on duty.
Plaintiff was in custody for approximately twenty-four (24) hours prior to being released. Once released, Plaintiff immediately walked from Ukiah County Jail to the Sheriff’s Office where she requested that the Evidence Officer take photographs of her bruises caused by the Deputies. The Evidence Officer came and took photographs of Plaintiffs arms and legs, but did not capture the bruises on the parts of her body that would have required her to remove her clothes.
When Plaintiff arrived at her hotel room in Ukiah, she took photographs of her bruises. Plaintiff remained at the hotel for 4-5 days because of the physical and emotional trauma.
At this time, Plaintiff was still experiencing severe panic attacks, lost her appetite, and was unable to sleep for several days. Plaintiff eventually went to the Emergency Room (“ER”), where they took x-rays to determine if she had broken any bones. Although there were no breaks, the ER personnel informed Plaintiff that she had deep bruising of her ribs and hips. Plaintiff was prescribed medication to help with the inflammation, muscle tension, and anxiety.
The injuries Plaintiff sustained as a result of Defendants' conduct caused severe and long-lasting physical injury, requiring her to re-establish care with her CRPS specialists at the University of Southern California, Keck Hospital. Plaintiff also saw a physical therapist on a weekly basis for the bodily trauma she suffered and seeks regular therapy and psychiatric help for the lasing emotional and psychological damage.
After reviewing the available evidence from the above incident, Defendant County's Sheriff, Matt Kendall, stated that the Defendant Deputies did nothing out of line. On information and belief, Defendant Sheriff Kendall and Defendant Does 80-100 did not discipline Defendant Sheriff Deputy Jensen, Defendant Corrections Deputy Lopez-Gonzales, or Defendant Does 1-79 after being informed of the above conduct.
Signed: Ashley Monique DeGuzman, Attorney for Plaintiff, Kelli Johnson
Through her attorney, Ms. Johnson claims that her federal Constitutional civil rights of free speech have been violated, and she was subjected to unconstitutional search and seizure, use of excessive force, etc., and of state violations of denial of due process, negligence, assault, battery and “trespass to chattels. [personal property],” intentional infliction of emotional distress, and false arrest and imprisonment,
What “trespass to chattels” is Ms. Johnson referring to?
“Plaintiff possessed and had a right to possess the glass of water that she was holding and drinking from when she left her parents' house on Little Lake Road. Defendant Jensen intentionally interfered with Plaintiff’s use or possession of the glass of water and damaged the glass by grabbing it from Plaintiff’s hand and threw it to the side of the road, breaking the glass. Plaintiff did not consent to Defendant Jensen grabbing, throwing, or smashing the glass of water in her possession. As a direct, foreseeable, and proximate result of Defendant Jensen's conduct, Plaintiff has suffered lost income, medical expenses, and has suffered, and continues to suffer, other economic loss, the precise amount of which will be proven at trial.”
Ms. Johnson demands a jury trial for “past, present and future general damages in an amount to be determined at trial…” as well as attorney fees, punitive damages and “other and further relief as the Court may deem proper.”
After Ms. Johnson emotional presentation to the Board of Supervisors back in mid-September of 2023 presentation Sheriff Matt Kendall responded to Ms. Johnson's allegations that there was much more to the story, and that the interested public should not assume that the Sacramento attorney was telling the truth. “It is absolutely wrong that anyone casts judgment when they don't have both sides of the story,” Kendall said. “We live in a time where anything that is said about law enforcement is immediately jumped on. We need to reserve judgments until we have all the facts. I’m absolutely appalled by the round of applause [she received at the Supervisors meeting]. Anyone who rushes to publicly make judgments against anyone, I hope they are just as eager to publicly apologize.”
The Sheriff said there were videos of Ms. Johnson's interface with deputies and jailers, both from a civilian witness as well as from the patrol car and jail cameras, which he said he’d be happy to share with the public when the time came.
Since the alleged incident we've learned that Ms. Johnson appeared at several local law enforcement get-togethers in Ukiah where she was bonhomie itself, including one jovial Halloween event where Ms. Johnson arrived in a happy costume, not mentioning her allegedly perilous encounters with Mendo's forces of law and order with whom she exchanged cordial banter.
Ms. Johnson’s attorney, Ms. Ashley DeGuzman, is listed as “partner” (the only partner) for the Ashley Law Group in Sacramento where Plaintiff Johnson also works. According to her law firm’s bio, Ashley Monique DeGuzman, is “a graduate from McGeorge School of Law, with a Bachelor’s Degree in Biomedical Engineering, and extensive Real Estate experience, she is our resident expert in Estate Planning, Real Estate Law, and Mediation. When you need your legal work done right, she's who you want in your corner.” Ms. DeGuzman was admitted to the Bar on June 18, 2021.
According to wikipedia, “Complex regional pain syndrome (CRPS) is a form of chronic pain that usually affects an arm or a leg. CRPS typically develops after an injury, a surgery, a stroke or a heart attack. The pain is out of proportion to the severity of the initial injury.”
According to the Mendocino County Counsel’s office, the County has not filed a response to Ms. Johnson’s suit so far. However, the case has been discussed with the Board of Supervisors in closed session several times starting in November of 2024.
At this point, we have been unable to determine if the District Attorney filed disorderly conduct charges brought by the Sheriff’s Office incident to Ms. Johnson’s arrest.
Boo hoo Boo Hoo
This is the kind of crap deputies and other police officers deal with too often. It can be hard, nasty, dangerous work. This particular incident wasn’t dangerous, but it was hard and nasty. Most of us with ordinary jobs would not last a week in such work. This is one example of why these public servants should be paid well and have the support and respect of all citizens. What a ridiculous law suit. “Boo hoo” indeed.
No charges were filed or will be filed by the District Attorney against me because I did not break the law in any way. I was arrested for exercising my First Amendment rights by insulting Officer Jensen. The Mendo County Sheriffs do not respect the constitutional rights of citizens, which they have sworn to uphold.
Well, hell, Kell. Please let us know if you get the usual five grand go away money Mendo’s cringing County Counsel’s office routinely doles out to filers-of-spurious claims.
Maybe time to get clean and sober, Ms. Johnson. Your own mother had to call MCSO twice that day, and then you could not control yourself, acting like a drunk teenager, insulting the unlucky deputies who took the call. Take responsibility, repair your life, get over your entitlement, move on and have a better future. Good fortune to you.
Having worked in corrections, and in Ad-Seg, in particular, and also having been trained by and having worked with forensic psychiatrist Dr. Doug Rosoff (now sadly deceased) in a unit for violent and assaultive mentally ill inmates, the best advice I can give to any inmate is to simply comply with the direction you are given by law enforcement.
First and foremost, deputies are highly trained and there is a good reason behind every order you are given. No explanations for those orders are required.
Second, Axon body cameras are worn by deputies and there are also cameras everywhere in the jail. In other words, there is video evidence of any misconduct by deputies, and deputies know it. Also, deputies are required to report any misconduct by other law enforcement.
Third, misconduct by law enforcement is known by the criminal statutes as “abuse under the color of authority”, and this crime carries stiff penalties. In California, even a misdemeanor offense by a public officer under color of authority without lawful necessity carries up to one year in jail and fines of up to $10,000 upon conviction. Penalties for felony abuse are much more punitive.
In addition to the penalties listed above, if the defendant is arrested or convicted of PC 149, the defendant could suffer the following penalties: civil lawsuit filed against the law enforcement officer and the agency for which the officer works, criminal protective orders against the defendant and in favor of the victim, loss of law enforcement employment, Internal Affairs Investigations against the officer, loss of the right to own or possess a firearm (10 year ban for misdemeanor PC 149 convictions and lifetime ban for felony PC 149 convictions), loss of military service, court fees and fines, restitution, and more.
Finally, the amount of force necessary to make an arrest is based on a case-by-case analysis. For example, if the officer shoots to kill a person who is actively committing a murder, then the officer is justified in her use of force when she kills the victim. On the other hand, if the officer shoots to kill a suspect who fails to stop at a DUI checkpoint and a “hot” pursuit ensues, and the officer has no other reason than the failure to stop as to why she shoots the victim, then the officer is guilty of PC 149 (at a minimum).
Read the complete California Codes: Penal Code 149 and Government Code – GOV § 53243.4 on Westlaw.
Again, my advice? Just shut the f- -k up and comply with the orders you are given. The rules are for your safety as well as the officer.
My rule: “No questioning, no quibbling, no whining, no complaining”. I am here for an inmate’s care, custody and control…rights to which you are entitled under law and the Inmate’s Bill of Rights. Don’t interfere with me doing my job.
You can always seek redress after the fact.
What a turd. Hope she spends years spinning her fat mouth only to get nothing more than the hard time she asks from everyone in Life. Wishing her Life is filled from this day to the end in turmoil. You got drunk and were stupid, how hard is that to admit? Frickin adult child.
Indeed, after finishing the article, I scrolled up to check the photo that this wasn’t some drunk mouthy teen.
I’m with the majority of people that are commenting here. I think if she wouldn’t have been so ignorant as to break the law in the first place by being drunk and disorderly that this would never have happened. I don’t know why you were here in Mendocino County I guess enjoying the sites. I think that there have been too many lawyers especially that have gotten away with crap just because they’ve complain about being treated like a normal person. Unfortunately I think you’re one of those. Take your medicine. I realized that if you get a drunk and disorderly charge that you may end up losing your job but then again maybe you need to. You insist that everyone else obey the laws and here you are breaking them.
Hey girl, don’t let the old trolls here get you down, we’re behind you! These guys just got to kiss the cops’ ass ‘cause they can’t kiss DA Eyster’s anymore, those school marms wouldn’t know what to do with a fun drunk blond woman and a bottle of tequila.(Move over Herb, YOU’RE our Sackamenna Kid now.)
You succeeded! Though you had to be a woman AND a lawyer to not get beat up that night, so what if you called the deputy a pencil-necked geek, you didn’t lie. You know he probably wanted to take you over his knee and spank your fulsome ass, since your most likely Unitarian parents neglected to, and these commenters who can’t handle a smart sassy broad would like to also, hell me too, but not in a mean way, Counselor, ‘cause you know I love you!
So go on and break the bank, Mendo is GIVING it away, and after Cubbison gets her 2.5 and is reelected, they’ll probably find you 50 somewhere, possibly out of the Prop 6 mental health fun.
(We’re the nice people who want you to be happy on your vacations here…)