Other Civil Rights Litigation

Golden State Transit v. City of Los Angeles, USDC No. 81-1519-AHH (Co-counsel with John Rice) Section 1983 action by Golden State Transit dba Yellow Cab of Los Angeles ("GS") against City of Los Angeles for unconstitutional refusal to renew franchise. Successfully obtained preliminary injunction forbidding City from terminating GS franchise, 520 F.Supp. 191 (CD Cal., 1981, Hauk, J.), [substituted out as counsel] vacated at 686 F.2d 758 (9th Cir., 1982), holding that neither federal labor law nor equal protection clause prohibited City from refusing to renew GS franchise, cert den. 459 U.S. 1105, 103 S.Ct. 729, 74 L.Ed.2d 954 (1983); April 23, 1983, unpublished opinion by Hall, J. denied GS's application for preliminary injunction, City ordered GS to terminate operation and GS terminating operating; 563 F.Supp. 169 (C.D. Cal., Hall, J.) granted partial summary judgment to City on grounds that regulation of taxicab business was within "state action" exemption of Sherman Act; aff'd (9th Cir., 1984) 726 F.2d 1430; Hall, J. in unpublished opinion granted summary judgment to City on remaining claims, holding City's conduct not preempted by NLRA and GS did not allege sufficient protected property interest to give rise to a due process claim, aff'd on both points (9th Cir., 1985) 754 F.2d 830; cert granted 459 U.S. 1105, reversed Golden State I 475 U.S. 608, 106 S.Ct. 1395, 89 L.Ed.2d 616 (1986), on remand (9th Cir., 1986) 791 F.2d 1383; Sept. 15, 1986 unpublished opinon by Hauk, J. granting GS summary judgment holding that NLRA preempted City from interfering with GS labor dispute; April 23, 1987, GS entitled to mandatory injunction and City required to grant 4-year franchise, but no power to award compensatory damages (C.D. Cal., 1987, Hauk, J.) 660 F.Supp.571; aff'd (9th Cir., 1988) 857 F.2d 631, reversed and remanded Golden State II 493 U.S. 103, 110 S.Ct. 444, 107 L.Ed.2d 420 (1989), on remand (9th Cir., 1990) 895 F.2d 1281 directing district court to hold further proceedings; jury trial on damages commenced May 14, 1991, 5-week trial, 5 days deliberation, June 20, 1991, GS awarded $4.5 million for value of its business in 1981, LA Times, June 21, 1991, p.B3; (C.D. Cal., 1991, Hauk J.) 773 F.Supp. 204, held GS entitled to prejudment interest at T-Bill rate from date liability was established -- about $3,000,000; Section 1988 attorney fee application for $3,000,000 filed; January, 1992, case settles.
Venegas v. Wagner, USDC 77-4047-RJK Action under Section 1983 for deprivation of right to fair trial resulting in murder conviction overturned 2 1/2 years later by California Supreme Court. Trial: Feb. 11, 1986. Plaintiff's verdict included punitive damages and attorney fees. Substituted out as counsel. Affirmed on appeal of merits; Venegas v. Wagner (9th Cir., 1987) 831 F.2d 1514. Attorney fee appeal reported at Venegas v. Skaggs (9th Cir., 1989) 867 F.2d 527, 57 USLW 2522, 12 Fed. R. Serv. 3d 1534, cert granted, October 2, 1989, U.S. Supreme Court Docket No. 88-1725. Affirmed Venegas v. Mitchell, 495 U.S. 82, 110 S.Ct. 1679, 109 L.Ed. 2d 74 (April 18, 1990)
Darby v. City of Torrance, USDC 92-3289-AAH Section 1983 action for denial of equal protection, excessive force upon 17-year old black male ejected by Torrance police from Del Amo Mall. Spawned Darby v. Torrance (I), 810 F.Supp 271 (D.C. Cal., 1992); Darby v. Torrance(II), 810 F.Supp 275 (D.C. Cal., 1992) Settled and spawned Darby v. Torrance, appeal handled by Covington & Burling, unpublished opinion reversing 1995 U.S. App. Lexis 1171 (9th Cir., 1995). Settled.
Cohn v. Papke, USDC 75-13l8-LTL Section 1983 action against Los Angeles police officers for non-lethal choking of plaintiff. Four-day jury trial, defense verdict. Reversed on appeal Cohn v. Papke, 655 F.2d 191, 8 Fed. R. Evid. Serv. 1362 (9th Cir., 1981) Settled prior to retrial and spawned Mitchell v. Los Angeles, USDC No. 83-0021-LTL, an unsuccessful 42 USC Section 1988 action for attorney's fees, aff'd (9th Cir., 1984) 741 F.2d 281, petition for rehearing, en banc denied (9th Cir., 1985) 753 F.2d 86.
Grey v. Olsen, USDC 73-1681-DWW Four-day non-jury trial under 42 U.S.C. Section 1983 against undercover Los Angeles police officers for beating a 21-year-old black college student, with a "sap." Plaintiff's verdict included punitive damages.
Collins v. Leaton, USDC 72-2910-WPG Five-day-jury trial under 42 U.S.C. Section 1983 against Los Angeles police officers for beating a 40-year-old black taxicab driver with batons. Plaintiff's verdict included punitive dam- ages.
Molina v. Richardson, USDC 73-2063-MML Three-day jury trial under 42 U.S.C. Section 1983 against Los Angeles police officers for karate-chopping Latin traffic violator. Plaintiff's verdict. Denial of attorney's fees successfully appealed. Molina v. Richardson, 578 F.2d 846 (9th Cir., 1978).
Condon v. Ventura County, USDC 80-02208-CBM (Volunteer ACLU Attorney) Section 1983 action for false arrest, brutality and death of a 21-year-old in Ventura County jail. Partially settled. Jury trial commenced September 21, 1983 and ended November 30, 1983 with a plaintiff's verdict for plus attorney fees. Reversed and remanded for new trial of state cause of action only (9th Cir., 1986) 792 F.2d 144 (Table: Or- dered not published). New trial in 1987; jury verdict on liability in favor of plaintiff under Gov. Code; settled.
Willard v. Los Angeles, USDC 79-04468-TJH Section 1983 action for unlawful seizure of arms, false arrest, invasion of privacy and illegal searches by Los Angeles officers. Fully pretried. Settled on eve of trial. Spawned Mitchell v. Los Angeles, 803 F.2d 526, 6 Fed.R.Serv.3d 134, (9th Cir., 1986), another unsuccessful effort to avoid coerced attorney fee waivers.
Tucker v. Armstrong, USDC 79-0464-DWW Four-day jury trial in Section 1983 action against Los Angeles County deputy sheriff for excessive force; defense verdict. (Two years later, the deputy was fired for shooting Delos Young and killing her full-term fetus. The deputy was subsequently convicted of 2nd degree murder).
Washington v. Los Angeles, USDC 79-04700-CBM Five-week jury trial of Section 1983 action against Los Angeles police officers for rendering plaintiff paraplegic with shotgun blast. Defense verdict.
Kovanda v. County of Santa Barbara , USDC 84-5198-LEW Section 1983 action by survivors of 23-year-old male who suffered fatal injuries in jail. Settled.
Lighthart v. Glendale , USDC No. 84-3637-LEW Section 1983 action for false arrest, false imprisonment, and excessive force. Settled.
Whealon v. County of Los Angeles, USDC No. 84-6200-TJH Section 1983 action for excessive force by sheriff's deputies. Settled on second day of trial.
Edwards v. Los Angeles, USDC 84-9275-WMB Section 1983 action for shooting death. Four-day Jury Trial: Defense Verdict, 1985.
Amescua v. Los Angeles, USDC 87-01052-AWT Section 1983 action arising out of injury in Van Nuys jail resulting in plaintiff's paraplegia. Settled on eve of trial.
Persico v. Los Angeles, USDC 87-08416-PAR Section 1983 action for deprivation of right to a fair trial arising out of plaintiff's conviction of a murder actually committed by a Los Angeles Police officer. Settled. See the book by Pulitzer Prize Winner Edward Humes, Murderer With A Badge (Dutton, 1992, NY)
Adams v. County of Los Angeles, USDC 92-0211-JGD Section 1983 action for excessive force (striking in head with flashlight; electrical shock while handcuffed). 21 calendar, 12-day jury trial: March, 1995. Defense verdict for four deputies; hung as to defendants James Collet, Brent White and Sgt. David Nell. Settled on eve of new trial.
Marr v. County of Riverside, USDC 92-6168-WMB, RCSC I 68825 Section 1983 action arising out of death of 14-year-old passenger at "dead-man roadblock" terminating high-speed police pursuit. In pre-trial. Summary judgment for defendants in federal case on appeal in Ninth Circuit Court of Appeals, Docket No. 94-56620. State case partially settled; pending state court trial in January, 1998.
Walker v. City of Lompoc, USDC 93-1596-AWT Section 1983 action seeking declaratory and injunctive relief so that plaintiff could obtain a lawyer to represent him in a civil rights action. Dismissed by district court. On appeal, USCA9 Docket No. 93-55882 Appeal handled by Covington & Burling; affirmed.
Barajas v. County of Los Angeles, et al, USDC No. 95-0565-RG Section 1983 action representing 6-yr-old son of father who died of suicidal hanging in Los Angeles County jail. 21-day jury trial; defense verdict. Appeal pending USCA9 Docket No. 96-56395.
Shoemaker v. Co. of Los Angeles, et al., LASC No. BC 096101, Action opposing ouster of caucasian Chief of Emergency Medicine at Martin Luther Hospital on racial grounds. Settled on eve of trial.
Shoemaker v. ACGME USDC No. 94-4529-MRP, related action against accrediting agency under Section1983, dismissed, appeal in Ninth Circuit Court of Appeals, Docket No. 95-55200; affirmed.

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