By Police1 Staff
SAN DIEGO — A retired officer is asking for $20 million in a lawsuit against the San Diego Sheriff’s Department after he was arrested over a firearm, The San Diego Union-Tribune reported.
The lawsuit claims false arrest, excessive force and unlawful search and seizure, among other allegations.
Robert Pitt, 59, served for 33 years with the California Highway Patrol. He accompanied his girlfriend to a high school on Jan. 21 to talk to administrative officials about the girlfriend’s daughter being bullied.
According to the lawsuit, while in the lobby, the principal asked to speak to Pitt privately and asked him whether he had a gun in his fanny pack, whether he had a concealed carry permit and his law enforcement status.
Pitt told the principal he was retired but had a permit. The principal said the school did not honor such permits and had a sheriff’s deputy search Pitt.
Deputy David R. Smith located Pitt’s CHP-issued .40 caliber Sig Sauer. The principal directed Smith to arrest Pitt. Pitt was put in handcuffs, searched twice then put in the back of a cruiser.
During the arrest process, Pitt pointed his out his law enforcement concealed-weapon permit in his wallet to which the deputy replied he had already seen it.
Pitt also claimed he was not read his Miranda rights and was put into a general population holding cell for two hours. After a few hours, Pitt was released without charges.
Pitt’s firearm was not released as deputies told him there was still an ongoing investigation into the incident.
According to California state law, firearms are not allowed on school campuses with several exceptions, one being honorably retired peace officers with a permit to carry a concealed or loaded gun.
In 2001, a 15-year-old student, Charles Andrew “Andy” Williams, went on a shooting spree at the same high school. An off-duty officer who happened to be on campus registering his daughter helped subdue the gunman.