SBCO

Tuesday, October 20, 2015 – 05:00 p.m.

Remember the name Samuel Clauder? It’s the name of a poor gentleman who was arrested in 2009 and charged with possession of child pornography.

The only problem? He didn’t do it.

Due to substandard investigation and followup, by San Bernardino County sheriff’s deputies, Clauder, a former Democrat Party activist, spent 50 days in jail and had his reputation destroyed.

After a defense forensic computer expert examined the computer containing the pornographic material determined that Clauder was innocent, the case collapsed.

On September 28, 2012, as Superior Court judge dismissed all charges. Months later a finding of factual innocence was obtained.

On March 28, 2013, Clauder filed a $7.5 million claim against San Bernardino County. The claims was rejected with 45-days. The rejected claim eventually evolved into a federal lawsuit that was filed on September 26, 2014.

Now U.S. District Court Judge Percy Anderson has set a March 15, 2016 jury trial date. Defendants in the litigation are the county, Retired Sheriff Gary Penrod, Retired Sheriff Rod Hoops and Sergeant Michael Pelkey.

However the case will first proceed to federal mediation.

To read the First Amended Complaint, click the following link: Clauder v. County of San Bernardino et al – First Amended Complaint

To read the Answer to the First Amended Complaint, click the following link: Clauder v. County of San Bernardino et al – Answer to First Amended Complaint

To read the U.S. District Court Minute Order, click the following link: Clauder v. County of San Bernardino et al – Minute Order

To read the scheduling order, click the following link: Clauder v. County of San Bernardino et al – Scheduling Order

The case is Samuel Hershel Clauder v. County of San Bernardino et al, Case No. 5:14-cv-02011-PA-JC in the U.S. District Court for the Central District of California.

Attorney for Plaintiff is Timothy Prince. Representing the defendants is the San Bernardino County Counsel’s Office.