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

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

SPRENGER DEFEATS A RICO CLAIM IN THE NINTH CIRCUIT

Plaintiffs, a group of Orange County bail bondsmen, alleged that the Sheriff and the Sheriff’s Department used high-ranking gang members (“shot-callers”) to maintain order and facilitate the operation of the Orange County Jails. Plaintiffs alleged that as part of this scheme, the shot-callers were permitted to steer newly arrested inmates to certain bail companies in exchange for “kickback” incentives, which were then used to Continue reading

LBAC PREVAILS IN THE NINTH CIRCUIT IN AN ELEVENTH AMENDMENT IMMUNITY CASE

Plaintiff John Zabasky alleged that the District Attorney’s Office wrongfully re-filed criminal charges against him in an effort to assist American International Group, Inc. and American Home Insurance Co. in gaining a strategic advantage in a prior civil lawsuit. Plaintiff alleged his civil rights were violated under § 1983 and sought to recover the costs of defending against the criminal action, the loss of value to his Continue reading