U.S. Judge Rejects Sheriff Candidate Suit

A federal judge abstained Tuesday from ruling in a civil rights lawsuit filed by challenger Linda Lea Calligan against Orange County Sheriff Brad Gates.

After conducting a series of hearings on the case, U.S. District Judge Matt Byrne Jr. declined to rule, saying it would be an “unwarranted interference in the process of the state court.”

Patrol Sergeant in Department

Calligan, 38, a patrol sergeant in the Sheriff’s Department, filed suit against Gates last month. She alleged that Gates violated her freedom of speech by persuading an Orange County Superior Court judge to delete a portion of her candidate’s statement from the primary handbook.

A portion of Calligan’s statement criticized Gates’ operation of the Orange County Jail and accused him of covering up a felony drunk-driving arrest, among other things. Gates has denied all the allegations.

Superior Court Judge Judith M. Ryan ruled that a portion of Calligan’s statement was “false and misleading” and ordered it cut out, citing a state Election Code section. Calligan challenged Ryan’s ruling and the constitutionality of the state Election Code, ultimately taking her case to the California Supreme Court. However, the Supreme Court declined to rule, sending the case back to an appellate court for a June 18 hearing.

Attorneys for Calligan said they were not sure whether they would appeal Byrne’s ruling.

“We’ll go back, reassess and see where we are,” said Leland D. Sterling, one of Calligan’s attorneys.

In his ruling, Byrne said: “I think there is a substantial and very interesting constitutional issue. The problem is whether this court should assert itself.”

He added that the case did not meet the standards necessary for him to interfere while it was pending in the state court. The judge said “the time sequence is an unfortunate one” because a state appeals court hearing on the case is not scheduled to take place until 15 days after the June 3 primary election.

‘Grass-Roots’ Campaign

Meanwhile, Calligan said she is continuing her “grass-roots” campaign to unseat the sheriff. She said she is speaking to community groups three or four times a week.