SUHR AND SAKAI PREVAIL IN THE NINTH CIRCUIT IN WRONGFUL DEATH ACTION

On January 23, 2020, the Ninth Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. § 1983 Fourteenth Amendment claim against the County of Los Angeles in Sakamoto, et al. v. County of Los Angeles. In this case, an elderly man was arrested for suspicion of driving under the influence and detained for approximately 12 hours in the County jail before being released with a citation. His family members filed suit, alleging failure to protect, after the man failed to return home and was subsequently found dead not far from the jail. After obtaining voluntary dismissals of several state law claims and judgment on the pleadings for the remaining state law wrongful death claim, Emily Suhr and Raymond Sakai successfully obtained summary judgment as to the sole remaining Section 1983 claim by demonstrating that the County had no notice that the man would be unable to care for himself if released. In affirming the decision, the Ninth Circuit reiterated that no County employee acted with deliberate indifference to a known or obvious danger, precluding liability against the County.

ALLEN AND CHOI PREVAIL IN WRONGFUL CONVICTION CASE

On April 19, 2019, Mike Allen and Jin Choi successfully obtained an Order granting summary judgment as to all claims brought against the County of Los Angeles in a wrongful conviction case, Paul Blumberg vs. County of Los Angeles, et al. The lawsuit, which was filed in 2010, was a hard fought case over almost eight years of Central District of California and Ninth Circuit Court of Appeals litigation. Continue reading

ALLEN AND ZAMBITO PREVAIL IN THE NINTH CIRCUIT

In an unpublished decision dated July 24, 2018, the Ninth Circuit affirmed the dismissal of Equal Protection and Due Process claims brought by various Plaintiffs under 42 U.S.C.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

ALLEN AND CHOI SUCCESSFULLY OBTAIN ORDER STRIKING ALL CLAIMS FOR COMPENSATORY DAMAGES IN A WRONGFUL CONVICTION CASE

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

ALLEN AND CARON OBTAIN DISMISSAL OF “MONELL” CLAIMS IN AN UNLAWFUL DETENTION CASE

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