In an unpublished decision dated July 24, 2018, the Ninth Circuit affirmed the dismissal of Equal Protection and Due Process claims brought by various Plaintiffs under 42 U.S.C. § 1983 against the City of Santa Monica and various individual Santa Monica employees in Miller v. City of Santa Monica, et al. Plaintiffs asserted that they had the right to operate a parking garage in the City of Santa Monica, but that that the City arbitrarily deprived them of their right to a permit, Continue reading
On May 1, 2018, Mike Allen and Jin Choi successfully obtained an order in a wrongful conviction case striking all of Plaintiff’s claims for compensatory damages, which significantly limited any potential recovery. After spending approximately 13 years in prison, Plaintiff obtained a reversal of his criminal conviction on a habeas petition after the court found various violations of law, including purported failures by the prosecution to disclose exculpatory evidence. Following the reversal of the conviction, Continue reading
On March 8, 2018, Mike Allen and Scott Caron successfully obtained summary adjudication in favor of the County of Los Angeles in Garcia v. County of Los Angeles. Plaintiff was mistakenly detained by an outside law enforcement agency based on an LA County warrant that matched Plaintiff’s name and birth date, but differed in other respects. Plaintiff was held in custody by the outside agency for several days before being transferred into the custody of LA County where he was briefly detained, Continue reading
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.