A federal magistrate judge has recommended dismissal of a federal complaint against myriad local agencies and officials alleging they conspired to file false allegations of child molestation against him, leading to false arrests, false imprisonment and his no contest plea, according to court documents.
U.S Magistrate Judge Barbara A. McAuliffe wrote in an order dated Aug. 29 that Gerardo Gonzales’ claims must be dismissed for several reasons: federal district courts don’t have appellate jurisdiction over a state court; his conviction has not been reversed, expunged, invalidated or called into question by a writ of habeas corpus; and the statute of limitations has passed.
The alleged actions occurred between 1984 and 1988 but Gonzales did not file his federal court action until March 16 of this year, the magistrate judge wrote.
The recommendation is being sent to a U.S. District Court judge; Gonzales was given two weeks after being served to file objections with the court, which he told The Californian he will do.
The defendants in the filing include employees of the Kern County Human Services Department, District Attorney’s office, Sheriff’s Office and Superior Court.
Attorney Charles Collins of the Kern County Counsel’s office said he hasn’t seen Gonzales’ complaint and the county won’t even be served with it until a district judge decides it can move forward. He did say, however, that the county denies its officials conspired to file false allegations and imprison Gonzales.
Asked about McAuliffe’s recent recommendation to dismiss the complaint, Collins said sometimes district judges agree with magistrate judges’ recommendations and sometimes they do not.
Gonzales has been trying to clear his name of a 30-year-old molestation charge. He was accused in one of the notorious local molestation ring cases of the 1980s, many of which eventually fell apart and were criticized. Gonzales and co-defendant Rev. Willard Thomas pleaded to one count each of lewd conduct with a child.
Gonzales maintains his innocence.