Woman Alleges Unlawful Arrest, Asks for $300,000

A Thousand Oaks woman, arrested after arguing with a sheriff’s sergeant about the treatment of an injured child, asked a jury Thursday to award her more than $300,000 as compensation for what she claims was an unlawful arrest and battery six years ago.

The attorney for Patricia Wilmeth told jurors that his client was guilty only of “contempt of cop” when she hurled an off-color insult at the officer, who was trying to stop Wilmeth’s physician husband from treating a girl who had been hit by a car in front of the couple’s home.

“I’m sure Mrs. Wilmeth regrets calling him that name,” Gary S. Casselman told the Superior Court jury at the conclusion of a two-week civil trial. “However, however offensive you might think that is, it’s legal.”

Alan E. Wisotsky, the attorney representing Ventura County and Sgt. Robert K. Sparks, said Wilmeth was arrested not for what she said but for what she did--interfering with the veteran officer’s attempts to do his job at an accident scene.

Wilmeth was “angry, aggressive and boisterous” as she argued with Sparks on behalf of her husband, Dr. Jo Wilmeth, and she ignored repeated warnings to step back or face arrest, Wisotsky said.

“This is not a case of government abuse; it’s not a case of power,” Wisotsky told jurors. “It’s a case of responsibility--Deputy Sparks’ responsibility to do his job, and the responsibility of Mrs. Wilmeth to allow him to do his job.”

Wilmeth, 47, was arrested in September, 1989, following a heated argument between her husband, Sparks and two county firefighters over the medical treatment of an 8-year-old girl who had been struck by a car near the Wilmeth’s home in the exclusive North Ranch subdivision of Westlake Village.

Jo Wilmeth took charge of the girl’s medical treatment at the scene and, he said, was badgered by the firefighters for refusing to relinquish control to them. Jo Wilmeth, who for 17 years led a medical squad of search-and-rescue volunteers for the Sheriff’s Department, said he was angry with Sparks for failing to back him up during the dispute.

Patricia Wilmeth joined the argument after the girl, who had suffered two broken legs, was taken away. She claims she was headed back to her house when Sparks grabbed her from behind, handcuffed her and shoved her into the back of his patrol car.

Casselman said Patricia Wilmeth suffered a cut on her forehead when she was forced into Spark’s car, and injuries to her wrist from overly tight handcuffs.

“Mrs. Wilmeth’s mental situation is such she will never be returned to that state of innocence or trust (that came from being) raised by a mother who was a deputy sheriff and corrections officer,” Casselman said.

Wisotsky told jurors that Patricia Wilmeth was “in Deputy Sparks’ face for at least a minute, and up to two to five minutes” before she was arrested. Her injuries were the result of flailing her arms to keep from being taken into custody, the attorney said.

“She couldn’t believe she was going to jail,” he said.

Jurors are being asked to decide two issues: Was the arrest lawful, and did Sparks use too much force when he took Wilmeth into custody.

A main dispute in the case is whether Sparks was performing any official duty when Patricia Wilmeth insulted him.

Casselman argues Sparks was not performing his job because he was having a casual conversation with a fire captain at the time and the injured girl had already been taken away. Wisotsky says the officer was on duty and was aware of what was going on around him as he continued to supervise the scene.

Casselman said Sparks’ version of events stretches the truth.

“What this case is about is a certain amount of arrogance on the part of a certain part of law enforcement, that they can buffalo you and tell you almost anything and you’ll swallow it,” he told the jury.

He asked jurors to award Patricia Wilmeth up to $50,000 for the arrest, plus $10,000 to $15,000 for each year since the incident, $5,000 a year for the next 34 years, and up to $31,000 as compensation for medical expenses.