NINTH CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR DEFENSE IN CASE OF FATAL OFFICER-INVOLVED SHOOTING

On December 10, 2015, the Ninth Circuit affirmed summary judgment in favor of the City of Downey, its police department, Chief of Police, and several officers as to the plaintiffs’ 1983 lawsuit alleging unreasonable use of deadly force. On the evening of February 22, 2010, Steven Bours was walking, screaming, and occasionally kneeling in the middle of Paramount Boulevard in the City of Downey. Downey police officers attempted Continue reading

NINTH CIRCUIT UPHOLDS LBAC JURY VERDICT IN FAVOR OF ORANGE COUNTY IN JAIL SVP CASE

On September 28, 2015, the Ninth Circuit issued an Opinion in favor of Orange County in an SVP case alleging unconstitutional conditions of confinement. Rhoden v. County of Orange et. al, Case No. SACV08-00420 MWF (SSx). Plaintiff was a repeated sex offender, and had been convicted of a series of rapes he committed in California and Tennessee in the 1980s. Continue reading

BEACH AND CLARK ACHIEVE INFORMAL RESOLUTION OF CLASS ACTION CASE INVOLVING MOBILITY IMPAIRED INMATES IN THE LA COUNTY JAILS

On March 23, 2015, United States District Court Judge Dean D. Pregerson granted final approval of a settlement in Peter Johnson v. County of Los Angeles, U.S.D.C. Case No. CV 08-03515 DDP (SHx), which is a class action case for injunctive relief brought by mobility impaired inmates in the Los Angeles County jails. The settlement was the result of lengthy and complex settlement negotiations, Continue reading

NINTH CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR OFFICER IN FALSE ARREST AND MALICIOUS PROSECUTION CASE WHERE INVESTIGATING OFFICER HAD INTIMATE RELATIONSHIP WITH DEFENDANT’S WIFE

On August 19, 2007, Plaintiff called the police regarding an altercation with his elderly father-in-law. When police officers arrived, they saw the elderly father-in-law on the floor in a pool of blood. A broken glass candlestick holder was found nearby. The Plaintiff claimed that his father-in-law attacked him with a cane and that he had struck his father-in-law in self-defense. The father-in-law and mother-in-law told the police that the Plaintiff, without provocation, struck the father-in-law in the head with the candlestick holder. Continue reading

CARON WINS SUMMARY JUDGMENT IN FALSE ARREST CASE

In May 2014, the Ninth Circuit issued an Opinion in favor of Los Angeles County in a false arrest case. Plaintiff was arrested twice (1989 and 2009) on a felony warrant seeking the arrest of another person. After being detained at the Los Angeles County jail on both occasions, he was ultimately exonerated. The only discrepancies between his description and the warrant were a one-inch height difference, a ten-pound weight difference, and a different address. The warrant did not include any numeric or biometric identifiers, nor was it updated after his 1989 arrest to indicate that he had previously been cleared on the warrant. During his 2009 detention, Continue reading