BEACH AND CLARK SCORE BIG WIN IN THE NINTH CIRCUIT

On July 28, 2017, the Ninth Circuit affirmed the dismissal with prejudice of the consolidated class action matters Baeza v. Baca and Corral v. Baca. In an unpublished opinion, the Ninth Circuit agreed that the district court did not abuse its discretion in decertifying the classes, dismissing the cases for lack of prosecution, and denying the plaintiffs’ request to reinstate their claims. Because the district court had certified damages claims on behalf of tens of thousands of inmates who alleged that they were forced to sleep on the floor of County jails, the Court’s ruling on appeal represents a significant victory in favor of the Sheriff’s Department and the County.

BEACH & WANG DEFEAT INJUNCTION IN CAPITAL MURDER CASE

On June 5, 2018, Managing Shareholder Paul Beach and Associate Charlie Wang successfully defeated a motion for an injunction in a capital murder prosecution involving the death of a law enforcement officer. The criminal defendant sought to enjoin the Los Angeles District Attorney’s Office and the Los Angeles County Sheriff’s Department from investigating the defendant’s incarceration activities, which were relevant to upcoming law and motion practice. After extensive briefing, multiple court appearances, and oral argument, the Court denied the motion for the injunction, which will result in the matter being adjudicated in a more fair and timely manner.

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