Nutting files lawsuit against ex-EDC colleagues

By Kathryn Reed

Former El Dorado County Supervisor Ray Nutting is suing past colleagues and staff because he believes his constitutional rights were violated.

“The reason why I filed a claim is so they cannot do it ever, ever again to someone else,” Nutting told Lake Tahoe News. “If they did it to me, they can do it to other people. Someone has to stand up to them.”

Ray Nutting

Named in the lawsuit that was filed in U.S. District Court in Sacramento are: Ron Briggs and Norma Santiago, former supervisors; Ron Mikulaco and Brian Veerkamp, current supervisors; Pam Knorr, human resources director; and Ed Knapp, former county counsel.

The lawsuit says, “To date plaintiff still believes he is the duly elected county supervisor ousted from office, denied the enjoyment of his office without any due process.”

Nutting’s problems came to a head in 2014. That May he was convicted on six misdemeanor counts relating to obtaining illegal loans from a county employee. A Superior Court judge found Nutting’s misconduct in office warranted his removal. The Third District Court of Appeal then upheld that. The California Supreme Court that August denied Nutting’s request to stop the September special election and block his removal from office.

The lawsuit pertains to the Fifth, Eighth and Fourteenth amendments of the U.S. Constitution – mostly due process issues. Nutting contends his colleagues on the Board of Supervisors did not give him a hearing and that the judge never had the jurisdiction to remove him from office.

The suit says, “These unenumerated right to serve and hold office lodged with the United States Constitution can not be abrogated or abridged by a letter from a judge, or by an exparte hearing, motion of resolution, by the defendants acting as the El Dorado County Board of Supervisors. These arbitrary and capricious actions by defendants and each of them show the complete disregard for the Constitution and plaintiff’s rights.”

The court documents paint a picture of the 56-year-old not being treated fairly while in office, including being targeted by District Attorney Vern Pierson because they were “political enemies.”

In this civil suit Nutting wants the judge to consider punitive damages of $100,000 against each defendant.