The ruling follows a dismissal motion filed by the city in a lawsuit stemming from the Vallejo police raid of Greenwell Collective on Marin Street in 2012. Police arrested owner Matt Shotwell on suspicion that he was operating an illegal dispensary. The charges were later dropped.
Shotwell, who maintains he was operating in compliance with state law, sued the city in November, alleging he was targeted for his activism in support of medical marijuana. He further claimed he was re-arrested through misleading means after posting bail, resulting in being jailed for 10 days before posting bail again.
In a four-page ruling Monday, Judge Dan Healy wrote there was a "reasonable probability" Shotwell could prevail on his claim that police wrongfully obtained an order for increase of bail and a hold on his release. Police sought the order from a different judge than the one who'd granted bail, apparently without notifying Shotwell or the first judge.
Healy wrote that Shotwell may seek relief for alleged unlawful search and seizure, retaliation, false arrest and intentional infliction of emotional distress.
However, Healy tossed out several other claims having to do with the raid, including Shotwell's allegations that he was retaliated against for his political beliefs.
The next court hearing was set for July 16 in Healy's Vallejo courtroom.