Page One

Suit filed against county superintendent

By David Scharfenberg Daily Planet Staff
Wednesday September 04, 2002

 

Former Alameda County Board of Education member Jerome Wiggins filed suit against Alameda County Superintendent Sheila Jordan and her husband, Larry Cooperman, alleging slander and libel in Alameda County Superior Court last week. 

Wiggins, who represented Berkeley and the surrounding areas before losing a re-election bid in March, claims that Jordan and Cooperman made a number of false statements that damaged his reputation. 

Wiggins, who told the Daily Planet three weeks ago that he planned to file suit, said one of his chief concerns is an Oakland Tribune guest column written by Cooperman last year. The July 2001 piece stated that Wiggins had a “previous arrest” in connection with a November 1988 scuffle with two opposition campaign workers. 

Wiggins acknowledged that the campaign workers made a citizens’ arrest after the 1998 incident, but says that it did not amount to a true arrest by the police department. 

Jordan said she had not yet been served with the lawsuit and declined to discuss any specifics but said that Wiggins’ claims are baseless.” I believe there’s no merit to his case,” she said. “His accusations I consider to be slander.” 

By filing suit Wiggins “opens the door to an investigation into his own background” that could prove damaging, Jordan said. But she declined to elaborate on what the investigation might reveal. 

Wiggins, who also names Alameda County and the county board of education in the suit, has not yet specified the amount of money that he will pursue in damages. But the suit states that he will seek compensation for damage to his reputation, “severe” mental pain and anguish, emotional distress, attorneys’ fees and loss of the pay and benefits he would have received had he continued as a member of the board. Wiggins contends that Jordan’s alleged slander contributed to his defeat. 

Wiggins’ lawyer, Steven Anthony of the Oakland firm of Anthony & Carlson, said it could be six months before a trial date is set. 

Jordan and Wiggins are bitter enemies. The pair engaged in a high-profile budget battle two years ago that was often personal, and this year Jordan contributed $10,000 to the campaign of Jacki Fox Ruby, who defeated Wiggins in March. 

Jordan and Cooperman, in campaign literature, newspaper columns and public statements, have argued repeatedly that Wiggins is a violent, dangerous figure. 

In the July 2001 Oakland Tribune column, entitled “Take situation seriously,” Cooperman wrote that Wiggins had threatened his wife and had “a previous arrest for politically motivated violence,” making reference to the November 1988 scuffle, which occurred when Wiggins served on the AC Transit board. 

Wiggins notified Jordan and Cooperman after the column ran, saying that the Berkeley Police Department had not arrested him in connection with the incident. But Jordan subsequently put out a piece of campaign literature just before the March 2002 Wiggins-Fox Ruby election that included a November 1988 headline from the UC Berkeley student newspaper: “Candidate held after early morning scuffle.” 

Wiggins said that Jordan implied in the piece that he was arrested, even though she knew he had not been. 

“They knew it wasn’t true and they chose not to deal with it,” Wiggins said. 

But UC Berkeley law professor Stephen Barnett, an expert in slander and libel, said Wiggins does not appear to have a strong argument. 

According to Barnett, Wiggins must show that the defendants made false statements with “knowing or reckless malice.” Barnett said Cooperman could make a strong argument that he did not make a false statement in the Tribune since there was a citizen’s arrest involved. 

Barnett added that the word “held,” which appeared in the campaign literature, does not necessarily imply arrest. Therefore, he said, it would be difficult to prove that Jordan and Cooperman made a knowingly false assertion about Wiggins’ arrest record. 

“I think the word ‘held’ is vague enough,” he explained. 

Wiggins also makes reference in the lawsuit to Jordan’s public assertions that his behavior bears “the mark of a domestic abuser.” Wiggins said those statements are clearly defamatory. 

“When you start making reference to criminal activity and domestic abuse, those are serious allegations,” said Wiggins, arguing that his reputation has been damaged. 

Jordan, dismissing the claims, said Wiggins’ suit is a politically motivated attempt to detract from her work as county superintendent. 

“Doing her job is her responsibility,” Wiggins responded, arguing that the suit is really about a public official using her stature to defame a long-time “public servant.” 

The Alameda County Office of Education has jurisdiction over 18 local school districts, including Berkeley Unified School District, and is directly responsible for six county education programs for “at-risk” students. 

The office is currently weighing Berkeley Unified’s 2002-2003 budget and has the power to approve it or send it back for revisions. 

 

Contact reporter at  

scharfenberg@berkeleydailyplanet.net