LBAC WINS SUMMARY JUDGMENT FOR DETECTIVE RE WARRANT BASED ON PHOTOGRAPHIC LINEUP

On April 4, 2018, LBAC obtained summary judgment in favor of a Los Angeles County Sheriff’s Detective. Plaintiff alleged a Fourth Amendment violation under 42 U.S.C. § 1983 against Detective Brown and the County of Los Angeles, alleging she was arrested without probable cause. The case arose from Plaintiff’s 2013 arrest based on a warrant drafted by Detective Brown in 2007. The warrant was obtained after a robbery victim identified Plaintiff during a photographic lineup. Plaintiff alleged that the photographic lineup was unduly suggestive and the identification of her was unreliable. In 2016, LBAC secured summary judgment in favor of the Detective by demonstrating that the victim’s identification of Plaintiff was reliable and established probable cause. On appeal, the Ninth Circuit reversed, concluding that a reasonable jury could find that the lineup identification did not establish probable cause. On remand, LBAC argued that Detective Brown was entitled to qualified immunity because his conduct did not violate a clearly established right. The District Court agreed and again granted summary judgment.