LAWRENCE AND CHA DEFEAT JAIL FORCE CASE BROUGHT BY LENNY DYKSTRA

On December 1, 2016, David Lawrence and Daniel Cha secured dismissal of a 42 U.S.C. § 1983 action brought by former Major League Baseball player and World Series champion Lenny Dykstra. Dykstra v. County of Los Angeles et al., LASC Case No. BC541436. Mr. Dystra had been incarcerated in the Los Angeles County Men’s Central Jail in April 2012 after pleading guilty to state law crimes involving the use of false financial information to obtain vehicles; federal charges for bankruptcy fraud remained pending. Mr. Dykstra alleged that approximately six deputies entered his cell without any justification or provocation, and proceeded to beat him to the point of unconscious. He further alleged that, as a result of the beating, he lost all his teeth. Mr. Dykstra also claimed he was denied medical care and suffered other deprivations. Mr. Dykstra named the County and numerous deputies and non-sworn jail employees as defendants. Defendants maintained that no force was used when Dykstra was taken from his cell. Rather, he had been found incoherent in his jail cell and transported to a local hospital. Once there, he became combative and was subjected to a limited use of force to subdue him after he nearly kicked a nurse in the head. Defendants were dismissed in stages throughout the litigation, including after a successful Motion for Summary Judgment, in which LBAC applied a Venegas argument to obtain dismissal for the County. See, Venegas v. County of Los Angeles, 32 Cal. 4th 820 (2004) and County of Los Angeles v. Superior Court (Peters), 68 Cal. App. 4th 1166 (1998). One week before trial was scheduled to commence, Plaintiff voluntarily dismissed the sole remaining defendant.