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Gates Discusses His Court Defeat in Private Meeting With Supervisors : Suit judgment: The closed-door discussion was ‘just a factual presentation,’ sheriff says.

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TIMES STAFF WRITER

The County Board of Supervisors met in private with Sheriff Brad Gates on Tuesday to discuss a $246,000 court judgment awarded to two private investigators who alleged the sheriff’s gun permit process discriminated against them and was fraught with favoritism. During the morning session, the supervisors adjourned their regular board meeting and slipped into a private meeting room to talk about Gate’s court defeat for about 30 minutes. Matters involving lawsuits against the county or its agencies can be legally held in private unless the board takes formal action.

When the meeting was over, news reporters descended on the sheriff, who declined to comment, saying it was “just a factual presentation.”

“We’re still in the process of legal action, and I don’t have any comment. Sometime in the future, we’ll have a lot to say,” he said.

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On Friday, a federal jury decided that Gates violated the equal protection clause of the U.S. Constitution and awarded $246,000 in compensatory damages to Frank Ritter of Huntington Beach and his brother, Ty, of Irvine.

The Ritters, who were repeatedly turned down for concealed weapons permits in the late 1970s, charged that the system was unfair and riddled with cronyism. Under the equal protection clause, government officials dispensing public benefits must treat all citizens who apply for them equally.

Jurors also found that Gates acted with “reckless disregard” for the Ritters’ constitutional rights, which could open him up to the possibility of paying punitive damages out of his own pocket.

A U.S. District Court hearing to determine how much Gates should pay was set for today before the same jury. It was postponed, however, until mid-November to accommodate Judge William P. Gray’s vacation and a temporary assignment to another court.

The Board of Supervisors has the option of letting the county pay punitive damages if they are assessed, in effect indemnifying the sheriff for his actions. The county already is liable for the compensatory damages, which are based on the amount of bodyguarding contracts the Ritters’ say they lost because they did not get gun permits from Gates.

The supervisors declined to comment on whether indemnifying the sheriff was discussed at their meeting.

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Board member Harriett M. Wieder said Gates called the session “to give us an update” on the case. When asked if the supervisors gave Gates a show of confidence or support, she said, “He didn’t ask for one.”

Supervisor Don R. Roth declined to comment, saying county attorneys have advised them to be silent on the matter. He said, however, that “it is unfair to lump all these cases (against the sheriff) together” because they all are different.

He was referring to a string of civil rights lawsuits brought against the sheriff over the last 12 years. So far, settlements and jury verdicts in those cases total almost $1.3 million. In addition, the county has spent at least $1 million to defend the sheriff in court.

Meir Westreich, the Ritters’ lawyer, said that during the punitive damage phase of the case he will ask the jury to award the Ritters an additional $500,000. He said he will ask Gray to issue a permanent injunction against Gates to ensure that the process to issue concealed weapons permits treats all applicants fairly. Finally, Westreich said he will request that gun permits be issued to the Ritters.

Supervisors Thomas F. Riley and Gaddi H. Vasquez declined to comment. Supervisor Roger R. Stanton could not be reached.

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