Civil Rights | Government

Action by transgender male alleging that a county, under 42 USC § 1983, violated his 4th Amendment and 14th Amendment due process rights, his privacy and equal protection rights under the California Constitution, the Bane Civil Rights Act, and was negligent in the way he was arrested and detained. The government denied these claims, alleging instead that plaintiff’s arrest was triggered by two witnesses’ complaints alleging battery, that he was treated no differently from any other detainee on search of his person, and that determining appropriate housing for plaintiff was necessary for his own safety. Resolved by mediator’s proposal.

Action by detainee alleging that a county and its law enforcement agents violated his 42 USC § 1983 and 14th Amendment constitutional rights by using excessive force, failing to provide him with adequate medical care, acted indifferently to the substantial risk of harm to his health and safety, and failing to provide him with due process for which liability could be imputed under Monell. The detainee claimed that the government used excessive force by striking him and using a taser gun upon his groin during his detention. The government alleged that while force was warranted and a taser gun was used, law enforcement did not direct it at detainee’s groin area and the probes fell to the floor. Resolved by mediator’s proposal after second mediation.

Action by former detainee alleging that a city and its police officers, as well as the contracted private security company guarding the city jail, violated his 42 USC § 1983 civil rights by use of excessive force, absence of due process and supervision, and applying unconstitutional policies and practices for which Monell liability could be imputed. After his arrest for public intoxication and resisting arrest, detainee was placed in the city’s sober jail cell, where surveillance footage showed detainee exercising normally with no sign of injury. Later footage showed him holding his arm in pain. When taken to the hospital, detainee was found to have a fractured wrist, an arm covered with contusions, and a black eye. Missing from the footage was a 30-minute segment immediately preceding his injury. Detainee could not remember what occurred, but given that no one else had access to his sober jail cell, he concluded the only possible explanation was that his jailers had beaten him and the city had destroyed the missing video segment. Resolved globally by mediator’s proposal on follow-up.

Action by the adult children of decedent alleging that a county and its deputy were negligent in causing decedent’s wrongful death, committed battery upon him, and violated the Bane Civil Rights Act. The government alleged that its deputy used reasonable force in responding to a call to apprehend decedent after he brandished an axe and used pepper spray upon the proprietor in an AM-PM store, continued onto the street and ran into a crowded parking lot in a shopping center, carried the axe aloft next to a Best Buy store, refused to stop when commanded by law enforcement, and yelled, “shoot me, [racial epithet],” whereupon he was shot dead. For the vast majority of their lives, decedent had not supported the adult children, who had not seen their father for over a decade. Resolved following mediation.

Action by minor, through her mother and guardian ad litem, alleging that a school district and county and deputy sheriff violated her civil rights under the Bane, Ralph and Unruh Civil Rights Acts, committed battery, false arrest, aided and abetted her assault and battery, were negligent, engaged in negligent hiring and supervision, failed to carry out mandatory duties, intentionally inflicted emotional distress upon her, and violated Ed. Code § 220 et seq. The government alleged that minor had threatened a school security guard by raising her fists and stalking her. When the security guard advised the deputy sheriff assigned to the campus, he attempted to detain minor, who resisted and cursed the deputy, refused to hand over her cell phone, and struggled against having handcuffs put on. Resolved following mediation.

Action by suspect, then a minor, alleging that a county and its law enforcement agents violated her civil rights by using excessive force when they restrained and arrested her. The government alleged that the officers had reasonable suspicion to believe that minor was truant from school when they asked for her identification. When minor refused, used profanity, videotaped the interaction, kicked an officer in the stomach and spat at him, she was restrained, pepper sprayed, and arrested for threatening an officer and resisting arrest. Her boyfriend, who was at the scene, cooperated with police without incident. The juvenile court did not sustain findings, but instead ordered the minor to parenting classes and community service. The case was mediated twice over three years. Resolved by mediator’s proposal.

Action by wrongfully convicted plaintiff, incarcerated for 21 years for a murder he did not commit, alleging that police officers suppressed exculpatory evidence and fabricated false evidence to implicate him in violation of his constitutional rights, failed to intervene, conspired against him, maliciously prosecuted him, and committed various torts. The officers alleged that plaintiff uncovered no facts that they had acted with malice and conspired against him, that he and his witnesses had lied to detectives, and that eyewitnesses had identified him at a live line-up. Resolved following mediation.

Action by an inmate in a court-holding facility who initiated a fight with police officers and was taken down by them using a neck hold, a type of force barred by statute. The inmate alleged that the county, its police department, sheriff, and law enforcement agents violated his 42 USC § 1983 civil rights and 14th Amendment right to due process by using excessive force, conspiring to commit violence against him, and failing to intervene to prevent such violence for which supervisor and municipal liability may be implicated. The government alleged that the inmate was a convicted murderer who posed a dangerous threat to law enforcement and other inmates, that the use of force was necessary and applied for only three minutes, that the neck hold was lessened when the inmate complained of breathing issues, and that the inmate admitted he suffered no injury. Resolved following mediation.

Action by a veteran alleging that a governmental agency’s psychotherapist sexually and emotionally abused her in a therapist-patient relationship in violation of Civil Code section 51.9. She further claimed that the therapist intentionally inflicted emotional distress upon her. The government denied these allegations, claiming instead that, because of COVID-19, all therapy sessions took place online without any physical contact between therapist and patient; that video recordings of the sessions showed only the patient’s one-way infatuation with her therapist; that a state licensing board found the therapist’s treatment was consistent with the community standard of care; and that the patient’s ability to succeed personally and professionally post-treatment showed an absence of emotional distress. Resolved by mediator’s proposal.

Action by industrial hemp cultivation farmer alleging that a county and its law enforcement officers unlawfully searched farmer's property pursuant to a search warrant that he allegedly obtained through judicial deception. As a result, the farmer claimed that the officers seized and destroyed numerous industrial hemp plants that he had lawfully grown on his property. The government alleged that the officers’ warrant was properly granted following credible aerial surveillance, search and seizure of the plants were lawful, and the farmer had unlawfully used a hemp operation to hide the illegal growth of marijuana. Following a jury trial that ended with a mistrial, the parties agreed to mediate the case before a retrial of the case. Resolved by mediator’s proposal.

Action by a suspect alleging that a county violated his civil rights by his detention, false arrest, use of excessive force, unlawful custom, practice or policy, assault and battery, negligence, intentional infliction of emotional distress, and violation of the Bane Act. The government alleged that the suspect, while walking on a street in broad daylight, had a bulge in his pocket that appeared to be a gun. Upon detention and search, police found a drug pipe wrapped in a handkerchief and illegal drugs on his person. A medical exam at a local hospital found no injuries. The District Attorney did not charge the suspect, who was free to go. Meanwhile, the suspect file this lawsuit against the government and an identical action against the officers. Resolved globally by mediator’s proposal.

Action by former inmate who was wrongly convicted and imprisoned for seven years for a robbery that he allegedly did not commit. Another person later confessed to the crime and the inmate was set free. The inmate alleged that two local governmental entities and their officers violated 42 U.S.C. § 1983 by depriving him of liberty and due process, denying him a fair trial, abridging his rights under the Fourth and Fourteenth Amendments, engaging in civil rights conspiracy, inadequately interviewing witnesses, and failing to supervise police officers. The municipalities alleged that no material evidence was suppressed and that identification procedures were reliable and free of suggestion. Resolved in part with plaintiff, one local governmental entity, and an officer by mediator’s proposal.

Action by college student alleging that a municipality and its police officers violated his 42 USC § 1983 civil rights with unreasonable seizure, violated the Bane Civil Rights Act, unlawfully detained him, assaulted him, and intentionally inflicted emotional distress upon him while on a traffic stop. The government alleged that the college student ran a red light, cooperated with officers by exiting his vehicle for a pat down, was briefly handcuffed while his car was searched with his consent, and was released within 15 minutes without incident. Resolved by mediator’s proposal.

Action by the father of decedent alleging that a county and its deputy deprived decedent of his section 1983 civil rights, substantive due process, familial relations, and medical care, which implicated Monell. He claims the government violated various state law claims, and caused his son’s wrongful death when the deputy pursued and shot decedent dead on the street. County alleged that before he fled from a vehicle, decedent told the driver that he would not “go back to jail” and that he was “ready to shoot it out” with the deputy. Decedent then exited the vehicle with a handgun, fled, and shot at the deputy. The exchange of gunfire that followed caused decedent’s death. The county claimed the deputy used reasonable force under the circumstances and was entitled to qualified immunity. Resolved by mediator’s proposal.

Action by two former inmates who were wrongly convicted as teenagers and imprisoned for nearly 24 years for a 1997 drive-by murder that they allegedly did not commit. Another incarcerated person later confessed to the crime and the inmates were set free. The two men alleged that law enforcement violated 42 U.S.C. § 1983 by depriving them of liberty and due process, denying them a fair trial, abridging their rights under the Fourth and Fourteenth Amendments, engaging in civil rights conspiracy, inadequately interviewing witnesses, and failing to supervise police officers. The government alleged that no material evidence was suppressed and identification procedures were reliable and free of suggestion. Resolved through mediation.

PHYLLIS W. CHENG, ESQ .

MEDIATIONS