Case: Thomas v. County of Los Angeles

2:90-cv-05217 | U.S. District Court for the Central District of California

Filed Date: Sept. 26, 1990

Closed Date: May 4, 2010

Clearinghouse coding complete

Case Summary

On September 26, 1990, the NAACP Legal and Educational Defense Fund (LDF) filed a class action civil rights lawsuit in the United States District Court for the Central District of California under 42 U.S.C. §§ 1983 and 1985. The class included more than 100 minority residents of Lynwood, a South-Central Los Angeles neighborhood. The plaintiffs sued the County of Los Angeles (“County”), the Los Angeles County Sheriff's Department (“LASD”), the City of Lynwood (“City”), and several individual LAS…

On September 26, 1990, the NAACP Legal and Educational Defense Fund (LDF) filed a class action civil rights lawsuit in the United States District Court for the Central District of California under 42 U.S.C. §§ 1983 and 1985. The class included more than 100 minority residents of Lynwood, a South-Central Los Angeles neighborhood. The plaintiffs sued the County of Los Angeles (“County”), the Los Angeles County Sheriff's Department (“LASD”), the City of Lynwood (“City”), and several individual LASD employees. The suit sought damages and injunctive relief, alleging that deputies of the LASD’s Lynwood station systematically engaged in racial discrimination, beatings, unjustified shootings, unreasonable searches and seizures, false arrests, retaliation against citizens who complained, failure to properly investigate complaints, and other unlawful conduct. It further alleged that some Lynwood deputies belonged to a neo-Nazi, white supremacist gang known as the "Vikings." The case was assigned to District Judge Terry J. Hatter, Jr. 

On September 23, 1991, Judge Hatter granted the plaintiffs' motion for a preliminary injunction against the LASD. The court also ordered the LASD to follow its own policies regarding the use of force and searches, and to submit copies of all reports alleging the use of excessive force by LASD deputies to the court for in camera review on the first of every month. The LASD appealed to the U.S. Court of Appeals for the Ninth Circuit. District Judge William H. Orrick and Circuit Judges Mary M. Schroeder and Alex Kozinski heard the appeal. District Judge Hatter stayed the injunction pending the appeal.

Represented by the NAACP Legal Defense & Educational Fund, the plaintiffs filed an amended complaint on October 1, 1992. The amended complaint alleged that the LASD, the City, and the County violated and conspired to violate the First, Fourth, Fifth, Sixth, Eighth, Ninth, Thirteenth, and Fourteenth Amendments by permitting and authorizing the Lynwood deputies’ unlawful conduct. It also asked the court to appoint a special master to ensure compliance with the Constitution.

On February 12, 1993, the Ninth Circuit reversed the district court’s preliminary injunction. Judge Schroeder held that the preliminary injunction was overbroad in scope and not supported by the record, which constrained unresolved factual disputes. For instance, the record contained no specific findings to support the district court’s conclusion that there is a “direct link between departmental policy makers, who tacitly authorize deputies’ unconstitutional behavior, and the injuries suffered by the defendant.” Additionally, the preliminary injunction was overbroad because it applied to the entire LASD, but the plaintiffs only alleged misconduct by Lynwood deputies. Judge Orrick dissented. The Ninth Circuit remanded to the district court for further proceedings.

The plaintiffs’ claims proceeded to trial. After over three weeks of testimony, which included evidence regarding the Kolts Report, the jury returned a multi-million dollar verdict for the plaintiffs on July 14, 1995. The parties settled the case post-verdict for $6 million payable to the plaintiffs, and allocated $1.5 million for use of force training by the LASD in accordance with the recommendations made by the Kolts Report. The court approved the class action settlement on January 26, 1996, and directed that certain settlement documents be filed under seal. The court then terminated the case with prejudice on February 2, 1996.

On June 14, 2006, an incarcerated individual who was convicted of killing a LASD deputy filed a motion to intervene in the case. He sought to access parts of the district court record to obtain evidence for his state court habeas corpus petition. The district court denied that motion on July 31, 2006, and the prisoner appealed the decision to the Ninth Circuit on August 25, 2006. Circuit Judges Alfred Theodore Goodwin, Andrew J. Kleinfeld, and Jay S. Bybee vacated and remanded the district court’s decision on May 16, 2008, on the grounds that the district court did not state a reason for its denial of the motion. The prisoner renewed his motion, but the district court again denied it on February 11, 2009, finding that the request was not relevant to his collateral litigation. The prisoner appealed again on February 26, 2009. Ninth Circuit Judges Ferdinand Fernandez, Barry G. Silverman, and Susan P. Graber again vacated and remanded the district court’s decision on April 30, 2010. The Ninth Circuit found that the prisoner’s motion to intervene was moot, since the protective order’s scope was smaller than the prisoner believed, and no modification was necessary.

The case is now closed.

Summary Authors

Dan Dalton (12/28/2006)

Maurice Youkanna (7/22/2014)

Sophia Acker (11/23/2023)

Related Cases

L.A. County Sheriff's Department (Kolts Report and Implementation), No Court (1992)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10237721/parties/thomas-v-los-angeles-county/


Judge(s)

Bybee, Jay S. (Nevada)

Attorney for Plaintiff

Burton, John C. (California)

Casselman, Gary S. (California)

Attorney for Defendant

Ambrose, S. Robert (California)

Bradley, Barry A. (California)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:90-cv-05217

Docket (PACER)

Thomas v. City of Los Angeles

May 4, 2010

May 4, 2010

Docket

2:90-cv-05217

First Amended Complaint for Damages Injunctive and Declaratory Relief and Receivership

Oct. 1, 1992

Oct. 1, 1992

Complaint

91-56047

91-56048

Opinion

U.S. Court of Appeals for the Ninth Circuit

Feb. 12, 1993

Feb. 12, 1993

Order/Opinion

978 F.2d 978

2:90-cv-05217

Settlement Agreement and Mutual Release of All Claims

Jan. 31, 1996

Jan. 31, 1996

Settlement Agreement
1933

2:90-cv-05217

06-56228

Mandate [Vacating Order and Remanding Case]

U.S. Court of Appeals for the Ninth Circuit

April 7, 2008

April 7, 2008

Order/Opinion

275 Fed.Appx. 275

1953

2:90-cv-05217

Order [Denying Motion to Intervene]

Thomas v. County of Los Angeles

Feb. 11, 2009

Feb. 11, 2009

Order/Opinion
1963

2:90-cv-05217

09-55297

Mandate [Vacating Order and Remanding Case]

U.S. Court of Appeals for the Ninth Circuit

April 8, 2010

April 8, 2010

Order/Opinion

375 Fed.Appx. 375

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10237721/thomas-v-los-angeles-county/

Last updated May 2, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link

LODGED judgment on 2nd & 3rd causes of action in favor of dft (FWD TO CRD) (weap)

July 28, 1985

July 28, 1985

PACER
1234

NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas, et al to quash subp duces tecum & req for documents decl & p's & a's ; motion hearing set for 9:00 3/4/94 (bp) (Entered: 02/22/1994)

Feb. 18, 1993

Feb. 18, 1993

PACER
1161

MINUTES: Status conf re subp issued re depo of custodian of records of UCLA Meyers reports as to reasons why subp was issued. Crt hears frm several cnsl. Court quashes subp. ; status conf re case management set on 3:30 1/24/94 by Judge Terry J. Hatter CR: Maria Beesley (bp) (Entered: 02/07/1994)

Dec. 10, 1993

Dec. 10, 1993

PACER
1162

NOTICE OF MOTION AND MOTION to compel fur prod of discovery ; motion hearing set for 9:00 1/7/94 Pla's (bp) (Entered: 02/07/1994)

Dec. 13, 1993

Dec. 13, 1993

PACER
1178

NOTICE OF MOTION AND MOTION for sanctions, to compel prod of docs by pla Alvin Washington ; motion hearing set for 9:00 1/14/94 (bp) (Entered: 02/07/1994)

Dec. 20, 1993

Dec. 20, 1993

PACER
1181

MINUTES: taking under advisement on the motion for sanctions [1178-1], taking under advisement on the motion to compel prod of docs by pla Alvin Washington [1178-2] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/07/1994)

Dec. 27, 1993

Dec. 27, 1993

PACER
1182

NOTICE OF MOTION AND MOTION for reconsideration by District Judge of ord imposing sanctions upon non-parties Police Watch & Karol Heppe memo of p's & a's & exhibits in supp ; motion hearing set for 10:00 1/24/94 Non-parties Police Watch & Karol Heppe (bp) (Entered: 02/07/1994)

Dec. 28, 1993

Dec. 28, 1993

PACER

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (bp)

Jan. 3, 1994

Jan. 3, 1994

PACER
1183

NOTICE OF MOTION AND MOTION by defendant's for summary judgment, or in the alt for summary adjudication ; motion hearing set for 10:00 1/24/94 memo of p's & a's; decl's of Tyra Louisa Orduna, Mark Jeffrey Libman, Ed Nordskog & Kevin Kiff; exhibits in supp thereof; stmt of uncontroverted facts & conclusions of law; prop ord. (bp) (Entered: 02/07/1994)

Jan. 3, 1994

Jan. 3, 1994

PACER
1184

NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas for protective order, for order requiring defense cnsl Martha Shen to pay sanctions & attorneys fees ; motion hearing set for 9:00 1/21/94 supporting decl & exhibits. (bp) (Entered: 02/07/1994)

Jan. 3, 1994

Jan. 3, 1994

PACER
1185

REPLY to dft's mot for protective ord memo of p's & a's in supp. by plaintiff Darren Thomas (bp) (Entered: 02/07/1994)

Jan. 4, 1994

Jan. 4, 1994

PACER
1186

REPLY to dft's contentions re mot to compel fur discovery memo of p's & a's in supp. by plaintiff Darren Thomas (bp) (Entered: 02/07/1994)

Jan. 4, 1994

Jan. 4, 1994

PACER
1187

Supplemental MEMORANDUM of p's & a's in reply to pla's by defendant Los Angeles County in support of motion to compel fur prod of discovery [1162-1] decl of Patrick T. Meyers & Carol Humiston; & exhibit. (bp) (Entered: 02/07/1994)

Jan. 4, 1994

Jan. 4, 1994

PACER
1188

REPLY; Supplemental memo of p's & a's in reply to pla's opp to dft's mot for protective ord; decl of Dennis H. Burns in supp by defendant Los Angeles County re [1185-1] (bp) (Entered: 02/07/1994)

Jan. 4, 1994

Jan. 4, 1994

PACER
1189

MINUTES: denying motion for protective order w/o prej for failure to comply fully with L.R. 7.15 [1184-1], denying motion for order requiring defense cnsl Martha Shen to pay sanctions & attorneys fees [1184-2] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 4, 1994

Jan. 4, 1994

PACER
1190

MEMORANDUM of law in opp to Deputy dft's ex parte appl for protective ord against depo of non-party witness Roger Clark; decl of John C. Burton & exhibits by plaintiff Darren Thomas in opposition (bp) (Entered: 02/07/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
1191

NOTICE of doc discrepancies; ex parte appl for protective ord; lacking ord; The doc are to be fld & processed. (bp) (Entered: 02/07/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
1192

EX PARTE APPLICATION by defendant's for protective order against depo of Roger Clark Memo of p's & a's; decl of Carol Ann Humiston; exhibits ; motion hearing set for <date not set> (bp) (Entered: 02/07/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
1193

OPPOSITION to pla's mot for protective ord; request for sanctions; memo of p's & a's in supp therof; decl of Martha A. Shen; exhibits. by defendant's (bp) (Entered: 02/07/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
1194

MINUTES: The court has read & considered all papers fld in supp of & in opp to the ex part appl for protective ord adainst depo of Roger Clark denying motion for protective order against depo of Roger Clark [1192-1] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/07/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
1195

OPPOSITION to by defendant's motion for reconsideration by District Judge of ord imposing sanctions upon non-parties Police Watch & Karol Heppe [1182-1] memo of p's & a's in supp; decl's; exhibits. (bp) (Entered: 02/07/1994)

Jan. 7, 1994

Jan. 7, 1994

PACER
1196

NOTICE of joinder in dft Deputies sumjgm, or in the alt, sumadj of issues on the twenty-third cause of actn, & in all supporting papers by defendant Los Angeles County (bp) (Entered: 02/07/1994)

Jan. 7, 1994

Jan. 7, 1994

PACER
1223

DECLARATION of Carol Ann Humiston & Alice M. Holsonback; req for relief for late flng of opp to mot to compel dft's depo by Deputy defendants (bp) (Entered: 02/18/1994)

Jan. 9, 1994

Jan. 9, 1994

PACER
1197

NOTICE OF MOTION AND MOTION by defendant's to compel the depo of Ernesto Avila request for reasonable attorneys fees & costs against pla & pla's cnsl; joint stip of the parteis decl's of Carol Ann Humiston, Janet M. Richardson, Tom R. Shapiro, & Patrick T. Meyers; exhibits ; motion hearing set for 9:00 1/21/94 (bp) (Entered: 02/07/1994)

Jan. 10, 1994

Jan. 10, 1994

PACER
1198

NOTICE OF MOTION AND MOTION by defendant Paul Archambault for summary adjudication of issues on the 26th cause of actn of pla Tracy Batts memo of p's & a's; decl's of Dan Raimo, Greg Thompson, Joseph Sheehy, & Jeffrey Leslie; decl of Carol Ann Humiston; exhibits; stmt of uncontroverted facts & conclusions of law; request for judicial notice; prop ord ; motion hearing set for 10:00 1/31/94 (bp) (Entered: 02/07/1994)

Jan. 10, 1994

Jan. 10, 1994

PACER
1199

REQUEST by defendant's Paul Archambault for judicial notice (bp) (Entered: 02/07/1994)

Jan. 10, 1994

Jan. 10, 1994

PACER
1200

JOINDER in dft Deputies, sumadj of issues on the 26th cause of actn, & in all supporting papers by defendant Los Angeles County re [1198-1] (bp) (Entered: 02/07/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
1201

SUPPLEMENTAL p's & a's in opp to dft's demand for prod of Alvin Washington's & J & A Auto repairs tax returns by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
1202

MINUTES: vacating hearing re motion to compel the depo of Ernesto Avila [1197-1] Any party may fl a suppl memo on or bef 1/19/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
1203

MINUTES: The crt has read & considered all papers fld in supp of & in opp to dft's county of L.A. & Sheriff Sherman Block's mot for protective ord, etc. (the mot), fld 12/10/93. The crt has taken the mot under submission w/o oral argument. See L.R. 7.11 except as reglected in the crt's ord re pla's mot to compel fur production of discovery, fld concurrently herewith, the mot is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 12, 1994

Jan. 12, 1994

PACER
1204

MINUTES: taking under advisement on the motion for sanctions [1178-1], taking under advisement on the motion to compel prod of docs by pla Alvin Washington [1178-2] Within 30 days of the dt of this ord, pla Alvin Washington shall produce the subject documents to dft's. If pla Alvin Washington presently does not possess the subject documents, he promptly shall obtain certified copies frm the IRS. Except as expressly stated herein, the mot is denied. by Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 12, 1994

Jan. 12, 1994

PACER
1205

MINUTES: denying motion to compel fur prod of discovery [1162-1] The mot is granted in part. The mot is granted as to req Nos. 3 (beginning in 1988); 12 (beginning in Oct 84); 13 (beginning in Oct 84 & limited to complaints of excessive force); 23; 24; 25; 28; 32 & 33. Request Nos. 14, 16 & 17 are denied. The mot is granted as to Interrogatories Nos. 9; 10; 11; 12 & 14. Except as expressly stated herein, the mot is denied. See FRCP 26(b)(1). by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 12, 1994

Jan. 12, 1994

PACER
1206

OBJECTIONS to ord of 12/27/93 of Mag Judge; memo of p's & a's; decl of Robert Mann; exhibits. by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
1207

SUPPLEMENTAL memo re dft's mot to compel the depo of Ernesto Avila by plaintiff Darren Thomas re motion to compel the depo of Ernesto Avila [1197-1] (bp) (Entered: 02/07/1994)

Jan. 19, 1994

Jan. 19, 1994

PACER
1208

STATUS REPORT by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER
1209

MINUTES: taking under advisement w/o oral argument on the motion to compel the depo of Ernesto Avila [1197-1] The mot is granted in part. NLT 60 days frm the dt of this ord, at a dt, ti & place to be agreed upon among the parties, pla Ernesto Avial shall appear for the completion of his depo. Within 30 days of the dt of this ord, Pla Ernesto Avila shall pay to dft's the total sum of $496.50 as sanctions under rule 37 of FRCP. Except as expressly stated herein, the mot is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER
1210

ORDER by Judge Terry J. Hatter denying motion for reconsideration by District Judge of ord imposing sanctions upon non-parties Police Watch & Karol Heppe [1182-1] (bp) (Entered: 02/07/1994)

Jan. 21, 1994

Jan. 21, 1994

PACER
1211

ORDER The court has considered the pla's mots for partial sumgjm re the validity of the search warrant & the reasonableness of ths searches identified in the 12th, 13th, 14th, 15th, 16th, & 17th causes of actn, together with the moving & opposing papers & the video tape provided by the dft's. It is ORD tht the mots be, & hereby are, DENIED. by Judge Terry J. Hatter (bp) (Entered: 02/07/1994)

Jan. 21, 1994

Jan. 21, 1994

PACER
1212

ORDER by Judge Terry J. Hatter The crt has reviwed pla's statrpt fld on 1/20/94. ; pretrial conference on 10:00 9/26/94 ; status conf taken off cal It is fur ORD tht the discovery cutoff dt shall be 6/30/94. It is fur ORD tht the discovery cutoff & pretrial conf dts may be changed only upon a stip of the parties & with the court's consent. (bp) (Entered: 02/07/1994)

Jan. 21, 1994

Jan. 21, 1994

PACER
1213

OBJECTIONS to pla's request for status conf re trial plan; memo of p's & a's in supp. by defendant's Los Angeles County (bp) (Entered: 02/07/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
1214

STIPULATION and ORDER continuing mot dft's mot for S/J. Purs to said stip, pla's opp will be due on 1/31/94 & dft's reply will be due on 2/7/94. by Judge Terry J. Hatter setting hearing on motion for summary judgment [1183-1] 2/14/94, setting hearing on motion for summary adjudication [1183-2] 2/14/94 (bp) (Entered: 02/07/1994)

Jan. 26, 1994

Jan. 26, 1994

PACER
1215

STIPULATION and ORDER continuing dft's mot for sumjgm. by Judge Terry J. Hatter setting hearing on motion for summary judgment [1183-1] 10:00 2/14/94, setting hearing on motion for summary adjudication [1183-2] 10:00 2/14/94 (bp) (Entered: 02/07/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
1216

NOTICE of document discrepancies; ntc of mot & mot to compel docs; written notice of mot lacking or timeliness of notice or service incorrect; The doc is to be fld & processed (bp) (Entered: 02/07/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
1217

NOTICE OF MOTION AND MOTION by plaintiff's Darren Thomas to compel the depos of dft Deputy Sheriffs & req for financial sanctions decl of John C. Burton re non-cooperation of opposing party ; motion hearing set for 9:00 2/11/94 (bp) (Entered: 02/07/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
1219

NOTICE OF MOTION AND MOTION by James S Muller & associated attorneys for to withdraw attorney of record for Ernesto Avila; p's & a's & decl of James S. Muller in supp ; motion hearing set for 10:00 2/28/94 (bp) (Entered: 02/18/1994)

Feb. 1, 1994

Feb. 1, 1994

PACER
1218

NOTICE of association of cnsl Molly Munger of the firm of Fried, Frank, Harris, Shriver & Jacobson by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (bp) (Entered: 02/08/1994)

Feb. 3, 1994

Feb. 3, 1994

PACER
1220

OPPOSITION by plaintiff Darren Thomas motion for summary adjudication of issues on the 26th cause of actn of pla Tracy Batts [1198-1] memo of p's & a's; decl's of Matthew Davis & Lester Thomas. (bp) (Entered: 02/18/1994)

Feb. 7, 1994

Feb. 7, 1994

PACER
1221

STATEMENT of undisputed facts by plaintiff Darren Thomas, et al. (bp) (Entered: 02/18/1994)

Feb. 7, 1994

Feb. 7, 1994

PACER
1222

OPPOSITION by Deputy defendants motion to compel the depos of dft Deputy Sheriffs & req for financial sanctions [1217-1] memo of p's & a's; decl of Carol Ann Humiston & Janet M. Richardson; exhibits. (bp) (Entered: 02/18/1994)

Feb. 9, 1994

Feb. 9, 1994

PACER
1224

NOTICE OF MOTION AND MOTION by Deputy defendants for summary adjudication on the 14th cause of actn as to the arrest of plas Jesse Avila & Ernesto Avila ; motion hearing set for 10:00 3/7/94 (bp) (Entered: 02/18/1994)

Feb. 11, 1994

Feb. 11, 1994

PACER

LODGED/PROPOSED Order, prop stmt of uncontroverted facts & conclusions of law (bp)

Feb. 11, 1994

Feb. 11, 1994

PACER
1225

NOTICE OF MOTION AND MOTION by Deputy defendants for summary adjudication on the 12th cause of actn as to the arrest of pla Carlos Maya memo of p's & a's in supp; decl; exhibits; stmt of uncontroverted facts & conclusions of law; prop ord ; motion hearing set for 10:00 3/7/94 (bp) (Entered: 02/18/1994)

Feb. 11, 1994

Feb. 11, 1994

PACER

LODGED/PROPOSED Order, stmt (bp)

Feb. 11, 1994

Feb. 11, 1994

PACER
1226

MINUTES: that the motion to compel the depos of dft Deputy Sheriffs & req for financial sanctions. Case called. Cnsl make their appearances. Crt hears argument & rules as follows; cnsl shall exchange lists of prospective deponents by day's end. cnsl shall meet & confer on 2/18/94 to sched depos. Pla shall have approximately 3 weeks in every month & dft's 1 week in every month to tkake depos. Crt's 7/9/93 ord shall remian in force. Double tracking of depos is not permitted, absent agreement or crt ord. mot is denied in all other respects [1217-1] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/18/1994)

Feb. 11, 1994

Feb. 11, 1994

PACER
1227

STIPULATION and ORDER Tht the County of Los Angeles shall have up to & including 3/11/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas by Magistrate Judge Charles F. Eick (bp) (Entered: 02/18/1994)

Feb. 14, 1994

Feb. 14, 1994

PACER

FINANCIAL ENTRY; receipt of check for $500.00 made payable to the clerk of court, from the law firm of Morris, Polich & Purdy. (bp)

Feb. 14, 1994

Feb. 14, 1994

PACER
1228

STIPULATION and ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper, & Richard Foreman shall have up to & including 3/11/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas by Magistrate Judge Charles F. Eick (bp) (Entered: 02/18/1994)

Feb. 15, 1994

Feb. 15, 1994

PACER
1229

REPLY in support of mot for S/J on the 23rd cause of actn; memo of p's & a's; decl's of Carol Ann Humiston & Ed nordskog; exhibits by Deputy defendants re [1183-1] (bp) (Entered: 02/18/1994)

Feb. 15, 1994

Feb. 15, 1994

PACER
1230

Evidentiary OBJECTIONS to declarations of Mathew Davis & Lester Thomas in opop to dft's mot for S/J on the 23rd cause of actn. by Deputy defendants (bp) (Entered: 02/18/1994)

Feb. 15, 1994

Feb. 15, 1994

PACER
1231

JOINDER in dft Deputies mot for S/A of issues on the 14th cause of actn as to the validity of the arrest of pla Jesse Avila & Ernesto Avila, & in all supporting papers by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva re [1224-1] (bp) (Entered: 02/18/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER
1232

JOINDER in dft Deputies mot for S/A of issues on the 12th cause of actn as to the validity of the arrest of pla Carlos Maya, & in all supporting papers by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant Raymond Gott, defendant Art Herrera, defendant John Radeleff & Defendant Richard Castro re [1225-1] (bp) (Entered: 02/18/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER
1233

STIPULATION re: remaing issues, contentions & p's & a's (bp) (Entered: 02/22/1994)

Feb. 18, 1994

Feb. 18, 1994

PACER
1235

MINUTES: vacating hearing re motion to compel prod of docs by pla Alvin Washington [1178-2], vacating hearing re motion to quash subp duces tecum & req for documents [1234-1] Any party may fl a supplemtnal memo on or bef 3/1/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. See L.R. 7.11. Courtesy copies of all supplemental memo shall be delivered directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/24/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
1236

OPPOSITION by plaintiff Darren Thomas motion for summary adjudication on the 12th cause of actn as to the arrest of pla Carlos Maya [1225-1], motion for summary adjudication on the 14th cause of actn as to the arrest of plas Jesse Avila & Ernesto Avila [1224-1] (bp) (Entered: 02/24/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
1238

MINUTES: Dft's ex parte application for ord clarifying &/or correcting crt ord of 2/11/94; Case called. Cnsl make their appearances. Court hears argument. The crt modifies &/or clarifies its 2/11/94 ord as follows; The 2/11/94 ord is amd pro nunc tunc to reflect Judge Eick's presence, rather than the presence of Judge King; depositions may be double tracked; The scheduling requirement & the one week three weeks allocation relate only to party deponents. The crt encourages cnsl to attempt to sched in advance the depos of non-parties, where feasible; Depositions tht are expected to alst less than one day can be sched to occur seriatim on the same day; The deposition of Deputy Nordskog should be icnluded in the scheduling of parties depositions, w/o prej to the dft's right to bring a mot for a protective ord in connection with issues (such as sanctions) tht might still be in dispute with regard to this deposition by Magistrate Judge Charles F. Eick CR: tape #655 (bp) (Entered: 03/02/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
1237

DECLARATION of John C. Burton in support of pla's request for sanctions against defense counsel Morris, Polich & Purdy by plaintiff Darren Thomas, et al (bp) (Entered: 02/24/1994)

Feb. 23, 1994

Feb. 23, 1994

PACER
1239

NOTICE of document disprecpancies; ex parte appl for ord clarifying or correct ord; no separate blue back ord; the doc is to be fld & processed. (bp) (Entered: 03/02/1994)

Feb. 28, 1994

Feb. 28, 1994

PACER
1240

EX PARTE APPLICATION by defendant Los Angeles County for order clarifying &/or correcting court ord of 2/11/94 memo of p's & a's; decl of Carol Ann Humiston; exhibits in support ; motion hearing set for <date not set> (bp) (Entered: 03/02/1994)

Feb. 28, 1994

Feb. 28, 1994

PACER
1241

SEPARATE STATEMENT of Disputed issues in opp to dft's mto for sumadj of issues on the validity of the arrests of Carlos Maya, Jesse Avila, & Ernesto Avila by plaintiff Darren Thomas, et al. (bp) (Entered: 03/02/1994)

Feb. 28, 1994

Feb. 28, 1994

PACER
1242

REPLY in support of mot for sumadj as to the validity of the arrest of pla's Carlos Maya, Jesse Avila & Ernesto Avila; memo of p's & a's in support thereof; decl's; exhibits. by defendant Paul Archambault re [1225-1] (bp) (Entered: 03/02/1994)

Feb. 28, 1994

Feb. 28, 1994

PACER
1243

MINUTES: taking under advisement on the motion to quash subp duces tecum & req for documents w/o oral argument [1234-1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 03/03/1994)

March 2, 1994

March 2, 1994

PACER
1244

OBJECTIONS to pla's late flng of separate stmt of disputed issues in opposition to dft's mot for S/A, & request to strike by defendant Paul Archambault to [1241-1] (bp) (Entered: 03/07/1994)

March 4, 1994

March 4, 1994

PACER
1245

STIPULATION and ORDER Tht the crt's ord re: depo questions posed to pla Soccoro Huerta, as guardian ad litem for Fernando Martinez about her knowledge of his gang affiliation & activity, as well as her knowledge of the gang affiliation or activity of others, will be the same as the 2/26/93 ord. This stip is w/o prej to dft's right to object to the ord resulting frm this stip & pursue appropriate appellate remedies, & dft's expressly reserve such rights. Pla's explicitly acknowledge dft's reservation of such rights & consent. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/11/1994)

March 8, 1994

March 8, 1994

PACER
1246

EX PARTE APPLICATION by defendant Los Angeles County for order extending ti for discovery responses decl of Patrick T. Meyers; memo of p's & a's in support thereof; & exhibits ; motion hearing set for <date not set> (bp) (Entered: 03/11/1994)

March 10, 1994

March 10, 1994

PACER

LODGED/PROPOSED Order (bp)

March 10, 1994

March 10, 1994

PACER
1247

STIPULATION and ORDER Tht the subject dft's shall have up to & including 3/31/94 to supplement their discovery responses purs to the crt ord of 1/12/94. Magistrate Judge Charles F. Eick (bp) (Entered: 03/14/1994)

March 10, 1994

March 10, 1994

PACER
1249

ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper & Richard Foreman shall have additional ti to & including April 5, 1994, to respond to pla Darren Thomas request for admissions & interrogatories. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/16/1994)

March 11, 1994

March 11, 1994

PACER
1248

NOTICE by defendant Thomas Zampiello of change of address of the firm of Overlander, Lewis & Russell. (bp) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

PACER

LODGED/PROPOSED Order for deposition of Tracey Batts in custodial/jail facility. (bp)

March 17, 1994

March 17, 1994

PACER
1251

ORDER Tht pla Jose Ortega be produced for deposition to commence at 9:30 am. on 4/13/94, at California Correctional Institute, Tehachapi, by Magistrate Judge Charles F. Eick (bp) (Entered: 03/24/1994)

March 17, 1994

March 17, 1994

PACER
1250

STIPULATION and ORDER tht the crt's ord re: deposition questions posed to pla Fernando Martinez about his gang affiliation & activity, as well as his knowledge of the gang affiliation or activity of others, will be the same as the 2/26/93 ord. this stip is w/o prej to dft's right to object to the ord resulting frm this stip & purse appropriate appellate remedies, & dft's expressly reserve such rights. Pla's explicitly acknowledge dft's reservation of such rights & consent thereto. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/23/1994)

March 21, 1994

March 21, 1994

PACER
1252

STIPULATION and ORDER Tht dft's County & LASD shall have up to & including 4/7/94 to respond to the first sets of requests for admissions propounded by pla Elzie Coleman. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/28/1994)

March 24, 1994

March 24, 1994

PACER
1253

NOTICE OF MOTION AND MOTION to compel fur responses by pla Fernando Martinez to dft Delgadillo's 1st set of interrogatories, or in the alt, for issue, monetary & evidentiary sanctions; req for sanctions against pla's & pla's cnsl; memo of p's & a's in support thereof; decl of non-cooperation of cnsl Zahava Stroud; exhibits ; motion hearing set for 9:00 4/22/94 (bp) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

PACER
1255

STIPULATION and ORDER by Magistrate Judge Charles F. Eick, dfts shall have up to and including April 14, 1994 to suppl their discov resp pursuant to Crt Ord of Jan. 12, 1994. (suz) (Entered: 04/06/1994)

March 29, 1994

March 29, 1994

PACER
1254

NOTICE OF MOTION AND MOTION to dismiss cmp of Ernesto Avila ; motion hearing set for 10:00 4/25/94; request for sanctions; memo of p's & a's in support thereof; declarations; exhibits; submitted by defendants (bp) (Entered: 04/04/1994)

March 31, 1994

March 31, 1994

PACER
1256

STIPULATION and ORDER by Magistrate Judge Charles F. Eick dfts Cty, LASD, Block, Lts. Radeleff and Castro shall have up to and including May 2, 1994 to resp to the written discov propounded by pltfs Jesse Melendrez, Ruben Calderon & Fernando Martinez. (suz) (Entered: 04/06/1994)

April 1, 1994

April 1, 1994

PACER
1257

STIPULATION and ORDER tht dft's County, LASD & Block shall have up to & including 5/2/94 to resp to the foregoing written discovery propounded by pla's Tracy Batts & Richard Hernandez by Magistrate Judge Charles F. Eick (bp) (Entered: 04/06/1994)

April 1, 1994

April 1, 1994

PACER
1258

STIPULATION extending time to resp to discov; and ORDER by Magistrate Judge Charles F. Eick dfts Cty of LA, Sherman Block, Robert Edmonds, Jerry Harper, and Richard Forman shall have up to April 11, 1994 to resp to the 1st req for admissions and 1st set of interrog propounded by pltf Darren Thomas. (suz) (Entered: 04/08/1994)

April 6, 1994

April 6, 1994

PACER
1259

NOTICE Tht a proceeding in this case has been set for the place dt, & ti set forth below dft's mot to compel fur responses set on 4/22/94, at 9:00 am. (bp) (Entered: 05/03/1994)

April 8, 1994

April 8, 1994

PACER
1260

NOTICE OF WITHDRAWAL by defendants withdrawing motion to compel fur responses by pla Fernando Martinez [1253-1] (bp) (Entered: 05/03/1994)

April 12, 1994

April 12, 1994

PACER
1261

STIPULATION and ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper, & Richard Foreman shall have up to & including 4/13/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas. by Magistrate Judge Charles F. Eick (bp) (Entered: 05/03/1994)

April 12, 1994

April 12, 1994

PACER
1264

NOTICE OF MOTION AND MOTION to compel the depo of David Lynn & for compliance with crt's ord of 9/23/94 & req for reasonable attorneys fees & sanctions against David Lynn & His cnsl; decl's of Carol ann Humiston & Beth Kahn ; motion hearing set for 9:00 4/29/94 (bp) (Entered: 05/03/1994)

April 14, 1994

April 14, 1994

PACER
1265

EX PARTE APPLICATION by defendant Los Angeles County for order extending ti for supplementing discover responses purs to crt ord of 1/12/94; decl of Patrick T. Meyers; memo of p's & a's in support ; motion hearing set for <date not set> (bp) (Entered: 05/03/1994)

April 14, 1994

April 14, 1994

PACER
1262

ORDER tht dft's County of Los Angeles, Sherman Block & Los Angeles County Sheriff's Department shall have additional ti to & including 4/25/94, to supplement discovery responses purs to the crt ord of 1/12/94. Absetn truly extraordinary circumstances, no furthe request for extension will be considered. by Magistrate Judge Charles F. Eick granting motion for order extending ti for discovery responses [1246-1] (bp) (Entered: 05/03/1994)

April 15, 1994

April 15, 1994

PACER
1263

PROOF OF SERVICE by defendant Los Angeles County of ex parte appl for ord extending ti for supplementing discovery appl for ord extending ti; the following party was svd by personal svc on 4/14/94, James S. Muller. (bp) (Entered: 05/03/1994)

April 15, 1994

April 15, 1994

PACER
1266

MINUTES: vacating hearing re motion to compel the depo of David Lynn [1264-1] Any party may fl a supplemental memo on or bef 4/26/94. At tht ti, the crt will take the mot under submission without oral argument, unless the crt otherwise ords. See L.R. 7.11. Courtesy copies of all supplemental memo shall be delivered directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/03/1994)

April 15, 1994

April 15, 1994

PACER
1267

DECLARATION of James S. Muller in opposition to dft's ex parte appl for an ord extending ti for supplemental discovery responses purs to crt ord of 1/12/94. re [1265-1] (bp) (Entered: 05/03/1994)

April 18, 1994

April 18, 1994

PACER
1268

NOTICE OF MOTION AND MOTION by plantiffs to determine sufficiency of obj's & to compel fur responses to requests for admissions & for sanctions; decl of cnsl ; motion hearing set for 9:00 5/6/94 (bp) (Entered: 05/03/1994)

April 19, 1994

April 19, 1994

PACER
1269

NOTICE OF MOTION AND MOTION by defendants to compel further responses by pla Fernando Martinez ; motion hearing set for 9:00 5/6/94 (bp) (Entered: 05/03/1994)

April 21, 1994

April 21, 1994

PACER
1270

NOTICE of hearing re-setting hearing on motion to compel further responses by pla Fernando Martinez cont'd to [1269-1] 9:00 5/13/94 (bp) (Entered: 05/03/1994)

April 22, 1994

April 22, 1994

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 1990

Closing Date: May 4, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All residents of the Lynwood area who have been or may be subject to policies and practices of unnecessary or excessive force, illegal searches and seizures, or racial discrimination by deputy sheriffs of Los Angeles County.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Los Angeles County, County

City of Lynwood (Los Angeles), City

Los Angeles County Sheriff's Department (Los Angeles), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

42 U.S.C. § 1985

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Loss or damage to property

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Retaliation

Search policies

Staff (number, training, qualifications, wages)

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Race, unspecified

Policing:

Excessive force

False arrest

Inadequate citizen complaint investigations and procedures