Civil Rights | Government

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.

Action by arrestee alleging that a municipality and its police officers violated her 42 USC § 1983 civil rights by their unlawful search and seizure, retaliated against her for exercising her First Amendment rights, used excessive force upon her for which Monell liability could be imputed, battered her, acted with negligence, intentionally inflicted emotional distress upon her, and violated the Bane Act. Arrestee was apprehended on a Black Lives Matter protest in front of City Hall, and was transported to jail, searched, booked, and released. The government claimed that the arrest and search were valid, no one corroborated the allegations, and arrestee did not suffer any objective injuries. Resolved by mediator’s proposal.

Action by the adult children of decedent alleging that a county and its deputies committed various 42 U.S.C. § 1983 and 4th Amendment violations, as well as negligence against their late father by failing to protect him in a state-created danger. On patrol one night, police officers saw decedent and his girlfriend fighting by decedent’s SUV at a strip mall parking lot. Officers had known about the couple’s history of domestic violence, girlfriend’s prior theft of decedent’s vehicle, her unstable mental health, as well as the couple’s mutual restraining orders. Officers detained decedent, who was holding a knife he wrestled from girlfriend. However, girlfriend locked herself inside decedent’s SUV and refused a command to exit. She then drove out of the parking lot and returned with the engine running and facing the group. When officers handcuffed and booked decedent at the hood of the patrol car, girlfriend suddenly rammed the SUV into them, killing decedent. One of the officers escaped in time, while the other was clipped in the knee. Girlfriend then swung the vehicle around and tried to hit them once more. Police backup then pursued and apprehended girlfriend. The government claimed that the officers followed protocol and that girlfriend’s actions were not foreseeable. Resolved on post-mediation follow-up.

Action by inmate alleging that a county and its law enforcement agents violated his 42 USC § 1983 civil rights by using excessive force, and that such force constituted assault and battery. After inmate was sentenced by the court and awaiting transport from the holding cell back to jail, he allegedly refused to be transported, shouted obscenities at deputies, pounded and shook a metal barricade, and approached deputies with raised fists. Inmate did not stop when deputies ordered him to do so. A deputy then punched inmate once in the jaw, disabling him and causing his false teeth to fall out. The government alleged that inmate was a threat to deputies and other inmates in the cell, and that reasonable force was used to restrain him. Resolved by mediator’s proposal following mediation.

Action by former female inmate alleging that a county and a male deputy violated her civil rights when the deputy sexually harassed and assault her while she was incarcerated. The defense alleged that inmate failed to file a complaint, and no witnesses or video footage corroborated her allegations. Resolved following mediation.

Action by parents of decedent alleging that a county, its sheriff and deputy deprived decedent of his civil rights and used excessive force when deputies pursued and shot him dead on the street. Parents alleged various 42 U.S.C. § 1983 violations, a Monell claim, failure to train, battery and wrongful death, negligence, and violation of the Bane Civil Rights Act. County alleged reasonable force was used. County claimed decedent was a known gang member, had committed multiple felonies, was the subject of a no-bail warrant for possession of a firearm, had run from the deputies, failed to stop and drop to the ground when ordered, and had pointed at deputies a loaded semi-automatic gun recovered with his DNA at the scene, and whose blood toxicology report showed THC, Fentanyl, amphetamine and methamphetamine in his system. Resolved following mediation.

Action by college student alleging that a county and its motorcycle officer violated his 42 USC § 1983 civil rights with excessive force for which municipal liability could be imputed. The government alleged that the officer had probable cause to stop student for making an illegal right turn on a red light when pedestrians were in the crosswalk. It further alleged that appropriate force was used when student refused to produce his driver’s license, argued with and tried to film the officer, fought with them, and resisted arrest. Resolved following mediation.

Action by pedestrian alleging negligence by a county and its fire department paramedic. When pedestrian was crossing the street, he was struck and injured by an emergency vehicle driven by the paramedic. The government alleged the pedestrian was contributorily negligent by crossing the street when emergency vehicles with sirens and flashing lights were in the immediate vicinity. Resolved following mediation.

Action by three teenagers alleging that a county and its police officers violated their 42 USC § 1983 civil rights with excessive force for which municipal liability could be imputed. The government alleged that officers responded to a 911 call on a random street attack under the mistaken impression that the teenagers were the perpetrators rather than the victims. Officers drew their guns, handcuffed the teenagers, and released them. A crowd of spectators took videos of the incident and posted them on social media. Resolved by mediator’s proposal.

Action by suspect alleging that a county and its law enforcement agents violated his civil rights by his false arrest, negligent handling of his arrest, negligent hiring, training and retention of officers, and the intentional infliction of emotional distress upon him. Suspect, a DUI avoidance app owner who posts police activity alerts for hundreds of thousands of followers, was filming a mass protest at a police station, whereby he was asked to disperse and not approach his car near a police cordon. When suspect held up a “I am media” sign and refused to give his name, he was arrested without incident, and was held overnight in jail. The phone, by which suspect used to film police protests, was confiscated for six months. The government alleged that plaintiff was properly arrested for refusing to follow the dispersal order. Resolved following mediation.

Action by minor through her father and guardian ad litem alleging that a school district defamed them by libel and slander, and intentionally inflicted emotional distress upon them. After minor was permitted to attend a high school in the district under an inter-district transfer, father became active in openly expressing concerns to administrators, teachers and board members about various operations of the district. Tensions escalated such that the district filed police reports against father for criminal threats. When minor applied to continue her inter-district transfer permit for the next school year, the district obtained outside counsel’s statutory interpretation permitting the district to deny her application. Father protested to a county office of education that reversed the district’s denial of the transfer permit. Father then moved daughter into her grandparents’ home within in the district, so that she could complete her high school education there. Father and daughter then filed suit. District claimed that its actions were protected by immunity or privilege. Resolved by mediator’s proposal.

Action by church, its founders and pastors alleging that a city violated their civil rights under the First Amendment’s Free Exercise, Free Speech and Assembly Clauses, the 14th Amendment’s Equal Protection Clause, and the Bane Civil Rights Act. In compliance with state and county health directives under the COVID-19 pandemic, the church held services outdoors and limited the decibel sound levels for these events. Plaintiffs alleged that the city unfairly singled out the church by applying its municipal noise ordinance to threaten, intimidate and harass them, when other organizations sponsoring high-decibel events were not cited. They claimed that the city called in county police and health agencies to investigate the church for violating health directives, even when no health violations were ever found. Plaintiffs further alleged that the municipal noise ordinance is void for vagueness and for constituting an unlawful prior restraint. City denied these claims, alleging that it had followed protocol in responding to citizens’ noise complaints. Resolved by mediator’s proposal.

Action by decedent’s mother alleging that a county and its law enforcement officers were negligent and deprived decedent of his 42 U.S.C. § 1983 rights. After his DUI arrest and while awaiting his arraignment in the court’s holding cell, decedent hung himself using a makeshift COVID-19 face mask and a metal toilet paper holder. Decedent later died in the hospital. The government alleged that decedent lacked any suicide ideation that would have triggered a heightened duty for a suicide watch. As a result, the county alleged that his suicide was unforeseeable and not preventable. Resolved by mediator’s proposal.

Action by the surviving adult children of decedent, who had dementia, alleging that a county and its law enforcement agents deprived decedent of his 42 U.S.C. § 1983 rights, were negligent in causing his wrongful death, failed to summon medical care, deprived him of familial relations, and committed other violations for which municipal liability was imputed. County alleged that police responded to 911 calls from neighbors reporting that decedent had a gun, made loud noises, and appeared to be shooting at cars from a barricade he constructed on the street. When law enforcement arrived and decedent did not put down what appeared to be a homemade rifle he pointed at an officer, police opened fire, fatally wounding decedent. The homemade rifle turned out to be pipes taped together in the shape of a weapon. Resolved following mediation.

Action by young woman alleging sexual assault and battery by a police officer, who responded to her 911 call after her ex-boyfriend drove by her home and shot at her parked car. When the woman scrolled through her phone to find photos identifying her ex-boyfriend and his license plate, the officer also saw more intimate photos of the woman. This led to the officer allegedly touching the woman inappropriately and an exchange of texts about entering her home for a sexual liaison. The woman sued the officer and the municipality for assault, sexual battery, battery, intentional and negligent infliction of emotional distress, and negligent hiring and supervision. The officer admitted to the mutual texting and flirting, but not the inappropriate touching. The municipality denied any wrongful conduct on its part. Resolved by mediator’s proposal post-mediation.

Action by an adult decedent’s biological father alleging that a county, its physicians and social worker were deliberately indifferent to decedent’s risk of harm, violated his 14th Amendment, ADA, and Rehabilitation Act rights, failed to train staff and committed unconstitutional custom, policy and practice for which Monell municipal liability was implicated, interfered with familial relations, and were negligent in decedent’s wrongful death while in custody. The government alleged plaintiff lacked standing, because plaintiff’s parental rights were terminated by the dependency court when decedent was age four, and decedent was adopted and raised by his grandparents with no support by plaintiff. In addition, decedent lacked suicidal ideation and showed no need for psychiatric treatment. Resolved by mediator’s proposal.

Action by 27-year-old plaintiff, with a history of bipolar disorder and drug abuse, alleging that a municipality, its police officers and fire fighters violated his civil rights under 42 USC § 1983, used unreasonable deadly force, committed battery, were negligent in training and supervising personnel, and negligently inflicted emotional distress upon his fiancé, the co-plaintiff. On the day in question, fiancé called 911 three times when plaintiff exhibited severe anxiety, disorientation, and threatened to kill himself. The first time, plaintiff tried to stab his neck with a pen, was taken by ambulance to the hospital, and was released by the doctor after half a day. The second time, plaintiff threatened to kill himself with a knife. While en route by ambulance to the hospital, plaintiff tried to escape, fought with paramedics, and ran home. The third time, police officers unsuccessfully tried to persuade plaintiff to drop his knife and a metal trash can that he used as a shield, whereupon he ran outside and charged the officers while holding the weapon. When taser and rubber bullets failed to stop plaintiff, officers opened fire. Plaintiff underwent surgeries from being shot, lost one of his kidneys, had bullets lodged in his spine and leg, became a paraplegic, and was completely dependent on his fiancé’s care. The municipality denied liability, and alleged that its police officers and fire fighters followed protocol under the circumstances. Resolved by mediator’s proposal.

Action by former female inmate, who had a mental disability and a history of drug abuse, alleging that a county and its male custodial assistant violated her civil rights when the assistant sexually assaulted and raped her while she was detained. The defense alleged that the inmate did not report the assault until months following her release, that she provided contradictory testimony between her initial investigatory interview and her subsequent interview nearly one year later. In addition, the government alleged plaintiff’s claims were uncorroborated, and were otherwise barred by the statute of limitations. Following appointment of a guardian ad litem and multiple mediations, resolved by mediator’s proposal.

Action by two suspects, family members of decedent who died from a drug overdose, alleging that county deputy sheriffs who arrived to their home in response to a 911 call had falsely arrested, battered and tased them on account of their race. The government denied any racial animus, alleging instead that the suspects had obstructed the police and paramedics, had slapped and hit deputies, and had interfered with law enforcement in carrying out their duties. Resolved by mediator’s proposal.

Action by detainee alleging that, on two pretrial detentions, county law enforcement officers and medical staff violated his Fourth, Eighth and Eleventh Amendment rights by maintaining poor confinement conditions, using unreasonable force, and were deliberately indifferent to his medical needs, acts that made the county liable. The government alleged that detainee suffered from mental illness, and that he was appropriately confined and treated during his incarceration for multiple felonies. Resolved by mediator’s proposal post-mediation.

Action by patient alleging that a county and its hospital-based physicians committed medical malpractice and negligence when one of three birth control devices removed by surgery was inadvertently left within her uterus, causing her pain and discomfort over many months. On subsequent visits to the hospital, patient complained. The doctors told her that she likely had a kidney infection and treated her with antibiotics. Upon discovering that one of the birth control devices indeed had been left inside patient, the doctors were unsure whether that was the cause of her pain. Finally, patient underwent a second surgery to remove the retained device. but her pain and discomfort persisted. Resolved by mediator’s proposal.

Action by minor through his guardian ad litem alleging that a county and its law enforcement agents violated his presumed father’s civil rights, failed to properly train and supervise officers, and acted negligently, assaulted, battered and interfered with father’s constitutional rights when they restrained, tasered and caused his wrongful death. Grandmother of the minor joined the action as well. County alleged that grandmother had called on law enforcement to control and remove decedent, because he was on drugs, had threatened her life and that of her daughter, and that tasering under the circumstances was a reasonable use of force. Resolved following mediation.

Action by suspect alleging that a county and its law enforcement agents violated his 42 USC § 1983 civil rights by using excessive force, unreasonable search and seizure, and false imprisonment, by battering him, and by violating the Bane Civil Rights Act. Suspect was a passenger in a parked vehicle which had parked in a driveway after the driver made abrupt turns. When officers detained the driver for lacking a driver’s license and having an open container in the vehicle, they also asked suspect to step out. When suspect challenged their commands, the officers took him down, restrained him, and use pepper spray on his face. The government alleged that plaintiff had smelled of alcohol, had watery eyes, and had resisted arrest, and that the use of force was reasonable. Resolved by mediator’s proposal.

Action by suspect alleging that police officers unlawfully searched and seized him, and used excessive force upon him when he was walking on the street and looking at his cell phone. Suspect alleged that even though he did not resist arrest, the officers repeatedly punched him on his face, causing him to collapse on the ground, his jaw to be fractured, and two of his teeth to fall out. Suspect alleged that officers pinned him to the ground, pepper sprayed his face, and took him into custody. The defense alleged that suspect had walked erratically, showed evidence of drug use, resisted arrest, looked at his waistband where he carried a 9-inch knife, and possessed drug paraphernalia, for which suspect was held to answer. Officers alleged reasonable force was use. A store video captured the arrest. Resolved through mediation.

Action by decedent’s mother, minor daughter and her guardian ad litem alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 rights, were negligent, failed to summon medical care, and committed other violations, for which municipal liability was imputed. Plaintiffs alleged that even though decedent’s cellmate was hospitalized for drug overdose, jailers failed to check the well-being of decedent or search for contraband in violation of established policies and procedures. As a result, they alleged that decedent died of a drug overdose within hours of cellmate’s hospitalization. The government alleged that opioid overdose was not reasonably preventable because decedent intentionally concealed his illicit drug use from custody personnel, medical staff, fellow inmates and even his own mother. As a result, no county employee or member of decedent’s family had reason to believe he was at risk of dying from an overdose. Resolved by mediator’s proposal.

Action by minor, her mother and guardian ad litem alleging that, many years after a wrongful death, excessive force and Bane Civil Rights Act settlement involving decedent’s wife and children, minor claims to be an illegitimate daughter of decedent’s whose interests were not addressed in the prior action. Minor alleged excessive force and municipal liability against the same county that had settled the prior lawsuit. County alleged that minor lacked standing, the action was barred by California’s one-action rule, and the lack of viability for any constitutional violations. Resolved by mediator’s proposal.

Action by a police officer alleging that his employer, a county, and its law enforcement officers violated his 42 U.S.C. § 1983 civil rights under the First, Fourth, Fifth and Fourteenth Amendments, and alleged County was liable under Monell. When officer and his spouse alleged mutual spousal abuse, law enforcement arrested them both and seized weapons from the home, social services removed their child, and the dependency court placed the child with a family member for many months. At the same time, officer was suspended for a short while, was required to enroll in various preventative courses, and was ineligible for promotion for a time. County alleged that it complied with all applicable constitutional authorities, statutory provisions, and institutional protocol in light of the situation. Resolved by mediator’s proposal.

Action by the mother and personal representative of decedent alleging that a county and its medical staff deprived decedent of her 42 U.S.C. § 1983 civil rights while she was detained and falsely imprisoned in the hospital following a Health & Safety Code section 5150 hold, that she was battered, restrained, and denied her familial rights, and that doctors and nurses committed medical malpractice, which led to decedent’s death. The government alleged that the medical staff was appropriately trained, that the treatment they rendered met the standard of care, that they were entitled to qualified immunity, and that decedent’s death due to pulmonary emboli was unexpected. Resolved by mediator’s proposal.

Action by 61-year-old man alleging that a county and its law enforcement agents violated his civil rights with excessive force when deputies seized and detained him after he cooperated without resistance, threw him onto the ground, sat upon him, handcuffed and arrested him, delayed taking him to the hospital, declined to give him food or water, caused him to suffer abrasions, contusions, high blood pressure, and emotional distress. The government alleged that its deputies properly responded to a 911 call for assault with a deadly weapon involving plaintiff and the housemate of his passenger, and that reasonable force was used when plaintiff resisted arrest. Resolved following mediation.

Action by former worker alleging that her former employer, a federal agency, engaged in Title VII discrimination, harassment and retaliation on account of her association with another employee, her then-husband, who had complained about sexual harassment and retaliation by their common female supervisor. Worker alleged that supervisor stalked her, sent harassing texts and made threatening calls to her on a government cell phone, stole worker’s wedding dress, refused to approve worker’s leave request for surgery, and threatened to call the police with the false claim that husband had raped supervisor. Moreover, the government allegedly forced worker to retire after she complained. The government alleged that it had terminated supervisor after an investigation. It further claimed that worker’s third-party claims of harassment and retaliation were not meritorious, because supervisor and worker were romantic rivals—a novel defense not recognized by the Ninth Circuit, according to the trial court. Resolved by mediator’s proposal.

Action by former detainee alleging that an armored truck driver shot and injured detainee when he drove alongside while allegedly brandishing a gun at the driver. After the incident, the armored truck driver called 911. County law enforcement officers responded at the scene and simultaneously at the hospital where detainee had driven himself. At the same time, detainee’s cousin visited him at the hospital. Cousin was detained briefly for an interview and released. Because neither a gun nor any gun powder residue was found on detainee, all charges were dropped against detainee. Detainee and cousin then sued the armored car company, the driver, and law enforcement officers for negligence, assault and battery, false arrest, negligent supervision, intentional infliction of emotional distress, violation of civil rights and municipal liability under 42 U.S.C. § 1983, unlawful search of his home without a warrant, and the Ralph Civil Rights Act. After settling with the armored car company, detainee and his cousin continued to sue the county. The defense alleged that law enforcement had probable cause to respond at the scene of the shooting, and at the hospital where detainee was being treated for his gunshot wound, and to search for the missing gun and gun residue. Resolved following mediation.

Action by suspect alleging that, on the night of the George Floyd protest and looting in Los Angeles, a county and its law enforcement agents violated his civil rights when officers chased, punched, and pressed their knees on his side and back when they detained him. Suspect alleged that he did not resist arrest and that officers used excessive force, causing him bodily injury and emotional distress. The government alleged the officers had probable cause to detain suspect, because, as captured on various videos, he parked at the store that was actively being looted, that he and his passengers were identified as having been inside the store, and that suspect subsequently drove at high speed through a residential neighborhood to get away until he crashed his vehicle against a tree on the median. Then suspect jumped out of his car and ran into the parking lot of another store to hide behind a barricade. When officers asked him to lie face down and put his hands behind his back, suspect allegedly hid them under his body, struggled and resisted arrest, whereupon reasonable forced was used to detain him. Resolved by mediator’s proposal.

Action by citizen alleging that, on the night of the George Floyd protest and looting in Los Angeles, she witnessed police officers chase, beat and detain a man behind her house. Citizen took a video of part of the incident and her son posted it on social media. Citizen alleged that the man being apprehended did not resist arrest and that officers used excessive force, contradicting the police report. Thereafter, citizen claimed law enforcement visited her home, stopped her son when he drove in the neighborhood, and placed threatening messages on her home phone. As a result, she accused the government and officers of intentional infliction of emotional distress, causing her PTSD, panic attacks, anxiety and agoraphobia. Citizen further claimed these incidents forced her to take four months of medical leave from work, to install cameras throughout her property, and compelled her son to move out of state. The government denied any merit on citizen’s claims, alleging that reasonable force was used on the man who resisted arrest and proper investigative procedures were followed. Resolved by mediator’s proposal.

Action by the mother and personal representative of decedent alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 civil rights while he was detained in jail. Decedent allegedly suffered wrongful death at the hands of his cellmates, because defendants failed to perform mandatory safety checks of his cell. County alleged that despite law enforcement officers’ proper safety checks and immediate response to resuscitate decedent, his death was unforeseeable. Resolved by mediator’s proposal.

Action by the estate of decedent, who had a history of schizoaffective disorder, alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 civil rights and failed to properly monitor him when he suffered wrongful death in a private holding cell following his arrest for smashing a car window. County alleged that decedent was not under the influence of drugs or alcohol, responded appropriately, did not experience any physical harm or cause himself harm, was properly monitored by jail officials, suffered a heart attack in his sleep, and subsequently died despite receiving medical treatment. Resolved by mediator’s proposal.

Action by citizen alleging that a county, its sheriff’s department and deputies violated his 42 U.S.C. § 1983 civil rights when he was seized and detained for attempted murder and possession of a firearm after he ran from deputies at a crime scene. No gun was found at the scene. Charges were ultimately dropped after exculpatory evidence revealed a negative gun powder residue test. After six months of incarceration, plaintiff lost his home and job as a welder. The government alleged that plaintiff had a long criminal record, and that deputies had probable cause for the arrest, because contemporaneous video surveillance footage allegedly showed an accomplice retrieving the missing gun at the scene. Resolved following mediation.

Action by courier alleging that a county, its sheriff’s department and deputies violated his civil rights when he was stopped and apprehended for suspected DUI while operating his workplace vehicle. Plaintiff refused to take a field sobriety test and blood alcohol test. Plaintiff alleged he suffered injuries from his arrest that required ongoing treatment. After charges were dropped, plaintiff filed his 42 U.S.C. § 1983 civil rights suit alleging excessive force, false arrest, supervisor liability, municipal liability, failure to train, hate violence, false imprisonment and other torts. Defendants alleged that plaintiff had refused to cooperate with field sobriety and blood alcohol tests, and that the deputies had used appropriate force. Resolved in mediation.

Action by family of decedent, a veteran with schizophrenia, alleging that a county and its law enforcement officers deprived decedent of his civil rights when the officers restrained and placed their knees upon him, assaulted and battered him, caused his wrongful death, intentionally and negligently inflicted emotional distress upon the family, and engaged in threats, intimidation or coercion. The government alleged that appropriate force was used, because decedent had repeatedly threatened his neighbors and children with violence, was known to own guns, and had resisted arrest by fighting with the officers. Resolved following mediation.

Action by 60-year-old woman alleging that a county and two of its deputy sheriffs violated her civil rights when they entered her house without a search warrant or consent in order to find her daughter on a $3,000 credit card fraud charge. Mother and daughter were forcefully apprehended, handcuffed, arrested, and put in a police vehicle in front of their neighbors. Charges of obstructing the police were dropped against both mother and daughter. Daughter took a video of the incident on her cell phone. Mother suffered bruises on her arms, anxiety, PTSD, heart palpitations and teeth grinding. An internal investigation found the deputies’ conduct should have been different. County conceded liability but disagreed on the valuation of damages. Resolved following mediation.

Action by minor siblings through their guardian ad litem alleging that a county and its social workers, a licensed foster home agency and its workers, and a foster home owner were negligent in permitting the physical, sexual and emotional abuse of the siblings by foster mother’s minor son. County and foster home agency alleged that, as soon as they learned about the alleged abuse, they immediately removed the siblings, provided them with medical care, placed them a safe foster home, investigated the allegations, reported the incident to the police, and decertified the offending foster home. Resolved in mediation.

Action by 66-year-old co-chair of a neighborhood watch, who had been videotaping police activity at a neighborhood home invasion, alleging that a county and its law enforcement officers violated his civil rights when they arrested him, seized his camera and lost his SD card, detained him in jail overnight, refused to allow him a phone call, and forced him to leave his car unattended on the street during his detention, which was then vandalized. Co-chair filed an internal affairs grievance against the officers. County ultimately dropped all charges against him. County alleged because co-chair had argued with and threatened to attack an officer with his camera, probable cause justified seizure of his person and property. Resolved by mediator’s proposal.

Action by the three surviving children and former spouse of decedent alleging that a county and its law enforcement agents failed to protect decedent while he was in custody. They claimed the government had violated decedent’s civil rights by negligently failing to properly classify and segregate an inmate known for his violent mental disorder, who then beat up decedent, causing him severe injury and eventual death. The county alleged that its classification of the inmate was proper, and decedent was an instigator and willing participant in the altercation that led to his death. Resolved by mediator’s proposal.

Action by citizen alleging that a county, its sheriff’s department and deputies violated his civil rights when he was stopped and apprehended for expired plates on his vehicle, possessing illegal substances, and resisting arrest. Plaintiff suffered extensive injuries on his arrest that required surgery and treatment. After prevailing on his criminal trial and appeal, plaintiff filed his 42 U.S.C. § 1983 civil rights suit alleging excessive force and various torts. Defendants alleged that plaintiff resisted arrest and deputies used appropriate force. Resolved by mediator’s proposal.

Action by female inmate alleging that a county and its male deputy sheriff violated her civil rights when the deputy sexually assaulted her while she was detained. The defense alleged that inmate did not report the assault when the deputy was investigated, failed to exhaust her administrative remedies, the statute of limitations had run, and tolling is not applicable for pre-sentenced inmates. Resolved by mediator’s proposal.

Action by landlords alleging that a city violated their constitutional right to contract and imposed excessive fines under a void municipal ordinance banning short-term residential rentals. The municipality alleged it properly exercised its powers to enact legislation for the general good of the community. The city further alleged its citations and fines were appropriate to have the desired deterrent effect. Resolved through mediation.

Action in federal court by former female inmate that, while she was incarcerated, defendants sheriff deputies and the county engaged in willful misconduct by exposing her to an outbreak of contagious parasites, failing to provide her medical treatment, and exposing her to toxic insecticide spray in retaliation for complaining. Plaintiff’s cell mate alleged similar allegations in her state court action. County and deputies deny having violated plaintiffs’ constitutional rights by engaging in the alleged conduct or intentionally causing them emotional distress. Defendants also dispute the nature and extent of their claimed damages. Resolved globally by mediator’s proposal.

Action by incarcerated inmate alleging that a county, its sheriff’s department, and deputies violated his civil rights and failed to protect him by not placing him in protective custody. Being incarcerated in the general population allegedly allowed two other inmates associated with a gang to attack plaintiff, and caused him to injure himself while fleeing his assailants. The defense alleged that the inmate failed to exhaust his administrative remedies, never requested protective custody, failed to defeat qualified immunity enjoyed by deputies, and any excessive force by other inmates could not be imputed to the County. Resolved following mediation.

Action by disabled person through his guardian ad litem alleging that a city and its law enforcement agents violated his civil rights and used excessive force when they arrested him, and that the officers knew he had a mental disability. The city alleged that its law enforcement agents had been called to investigate a report of public indecent exposure involving plaintiff, that he appeared to be on drugs, that he was violent and resisted arrest, and that appropriate force was applied. Resolved by mediator’s proposal.

Action by two female inmates alleging that a county, its sheriff’s department, sheriff. and a male deputy violated their civil rights when the deputy sexually harassed and assaulted the women while they were incarcerated. The defense alleged that one of the plaintiffs failed to exhaust administrative remedies, and the second plaintiff had voluntarily exposed herself without provocation by the deputy. Meanwhile, the court granted summary judgment on all counts and against all defendants for the first plaintiff. The first plaintiff then filed two notices of appeal. The second plaintiff continued her litigation. Resolved globally by mediator’s proposal.

Action by parent in federal court, following state court action and appeal, alleging a county child protective agency had wrongfully removed her child by deception, fabricated evidence and fraud in violation of her constitutional due process under 42 U.S.C. §1983. The government alleged, among other defenses, that plaintiff’s claims were barred because federal courts other than the United States Supreme Court cannot sit in direct evidence of state court actions. Resolved in mediation.

Action by minor through her guardian ad litem alleging that a county and its law enforcement agents violated her civil rights by using excessive force when they restrained her as a passenger in a vehicle without a front license plate. The county alleged that plaintiff resisted arrest, and that her cell phone holder in the car’s center console resembled a firearm. Resolved by mediator’s proposal.

Action by three female inmates alleging that a county, its sheriff’s department, and a male deputy violated their civil rights when the deputy sexually harassed and assaulted the women while they were incarcerated. The defense alleged that the women had invited and consented to the deputy’s advances, and that there were flaws in plaintiffs’ theory of the case. Resolved by mediator’s proposal.

Appeal by a county after plaintiff, mother of a deceased newborn, won a jury verdict. Mother alleged that the county coroner’s office had violated a mandatory duty under statute by cremating her baby without adequate notice and prior authorization, and that county had waited too long to perform an autopsy to determine the cause of death, actions that caused mother serious emotional distress. County alleged that it had not violated a mandatory duty under statute, that it had left a voice mail notice for mother about the cremation, and that mother had failed to timely pick up her voice mail. Mother cross appealed on some of the claims not adjudicated at trial. Her attorneys’ fee motion was pending. Resolved in mediation.

Action by male student alleging officials responsible for his Title IX process at a public university violated his due process rights by deliberately pursuing, investigating, trying, and convicting him of the alleged sexual assault of a female student, when witnesses and exculpatory evidence showed no sexual assault occurred. University officials alleged they had provided male student with an appropriate disciplinary hearing, and claimed qualified immunity. The state trial court denied male student’s petition for writ of administrative mandate. In a published opinion, the state appellate court reversed and issued a remittitur in favor of male student. A separate federal court action by male student alleging violation of constitutional due process and various torts had been stayed pending resolution of the state court proceedings. Resolved globally through mediation.

Action by records technician alleging that her former employer, a municipality, failed to engage in the interactive process and reasonably accommodate her disability; that her former supervisor harassed and retaliated against her because of her disability; and that the municipality’s contractor performing fitness for duty examinations failed to provide her with a copy of her medical report. The municipality alleged the former employee could not perform the essential functions of the job with or without accommodation; and the contractor alleged lack of standing and mootness. Resolved through mediation.

Action by emergency management coordinator alleging that her employer, a municipal fire department, and a firefighter engaged in sexual harassment, retaliation, failure to take all reasonable steps to prevent harassment, negligent hiring, sexual battery, battery, and gender violence. The defendants alleged the firefighter’s conduct was neither unwelcome nor severe or pervasive enough to constitute a hostile work environment. Resolved by mediator’s proposal.

Action by minor through his guardian ad litem alleging that a county and its law enforcement agents violated his civil rights and used excessive force when they tasered him for refusing to show what was hidden inside his hat. The county alleged that its law enforcement agents had been called to investigate an attempted robbery involving the minor, that the minor had run away from a juvenile facility, that he had refused to cooperate with the deputies, that he had a history of attempting to use a deadly weapon, that a weapon could have been hidden in his hat, and that law enforcement followed protocol. Case litigated for five years. Resolved by mediator’s proposal.

Action by husband and wife alleging that a county and its law enforcement agents violated their civil rights by executing a warrant without probable cause, breaking into their apartment in the night to search for a suspect unknown to them, roughly handling the husband and causing him physical injury and the couple emotional injury, and destroying their personal property. The county and law enforcement alleged the warrant was issued with probable cause, was executed in good faith and according to protocol, and the government was entitled to qualified immunity in carrying out its police powers. Resolved by mediator’s proposal.

Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had elected to retire. Resolved by mediator’s proposal.

Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and teaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal.

Class action by 18 to 21-year-old disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Portions of the class action were settled over nine years. Case litigated for 10 years of which portions of the class action were settled. Fully resolved by mediator’s proposal.

Appeal by parent, perceived as having a mental disability, alleging a county child protective agency had wrongfully and permanently removed her child without a warrant. She further alleged that the government made false statements about her perceived mental disability in violation of her constitutional due process under 42 U.S.C. §1983, and discriminated against her in violation of the ADA and the Unruh Civil Rights Act, warranting higher attorneys' fees than the amount awarded at trial. The government's cross-appeal alleged plaintiff was not regarded as having a disability, as well as res judicata, instructional error, qualified immunity, lack of substantial evidence, and insufficiency of the evidence. Case litigated for seven years. Resolved in mediation.

Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-month incarceration in city jail, where she underwent oral surgery and was medicated without informed consent, and could not communicate readily with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved in mediation.

Action by a group of deaf teachers in a public school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.

Action by facilities manager alleging her former employer, a public university, discriminated against and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.

Action by seasonal employee alleging her former supervisor and former employer, a governmental agency, sexually harassed, battered, assaulted, discriminated, retaliated, created a hostile work environment, failed to prevent such conduct, and intentionally inflicted emotional distress against her. The employer alleged that it took reasonable steps to prevent discrimination and retaliation from occurring, and the employee failed to avoid the consequences by not using the employer's complaint procedure. Resolved following mediation.

Action by tenure-track professor alleging her former employer, a public university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period.

Action by applicant for tenancy in an apartment complex against landlord, a municipal housing authority and individual defendants, alleging retaliation for having complained in the past about discrimination under California and federal fair housing laws. Housing authority alleged breach of a prior settlement agreement between the parties under which applicant had promised to never again apply for tenancy at the same apartment complex. Resolved by mediator’s proposal.

Action by disabled passenger in wheelchair alleging public transit authority failed to comply with disability access and public accommodations laws, and committed various torts when she was injured while boarding a bus. The public transit authority alleged it had complied with applicable law and the passenger was not injured. Resolved by mediator’s proposal.

Action by disabled passenger in wheelchair alleging a public transit agency failed to comply with disability access and public accommodations laws, and denied him and his companion use of the public transit. The agency alleged it did provide service to the passenger and his companion on the next available shuttle bus. Resolved by mediator’s proposal.

PHYLLIS W. CHENG, ESQ .

MEDIATIONS