SAN JUAN CAPISTRANO : Lawyer Files 1 More Suit Against City

Lawyer Carlos F. Negrete’s battle with San Juan Capistrano city officials saw another skirmish Monday when Negrete filed a $10-million lawsuit against the city of San Juan Capistrano claiming his right to free speech had been violated.

In a written statement issued Monday, Negrete, who is embroiled in a bitter lawsuit with city officials over allegations by him and others of misuse of public funds, says the city, through its court actions, has attempted to harass and intimidate him and his backers.

Negrete is chairman of the fledgling Committee to Restore Integrity in San Juan Capistrano.

Negrete’s latest suit stems from a separate legal action, a slander claim filed by City Manager Stephen B. Julian against Negrete last August. In that action, Julian said Negrete slandered him during news conferences announcing Negrete’s court action regarding the misuse-of-funds allegations.

Although the slander claim was dropped in October, Negrete now says that Julian’s legal action has scared several of his backers.

“That damage was pretty severe,” Negrete said Monday. “It had a chilling effect on citizens in San Juan Capistrano seeking to express their opinions.”

An attorney representing the city called Negrete’s latest suit “meritless.”

“Mr. Negrete certainly doesn’t act like he’s intimidated,” said Henry David. “His issuing press releases is not any indication that his First Amendment rights have been violated.”

The legal battle between Negrete and city officials began last March, when Negrete and other council critics filed suit against the city and seven city officials and former city councilmen claiming that they had misused public funds and used “creative employment contracts” to pay city employees.