Case: Gabriel Carrillo v. Pantamitr Zunggeemoge

2:12-cv-02609 | U.S. District Court for the Central District of California

Filed Date: March 27, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 27, 2012, a visitor to the Los Angeles County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued jails employees and Los Angeles County under 42 U.S.C. §1983. Represented by private civil rights attorneys, the plaintiff asked the court for monetary damages. The plaintiff claimed that sheriff deputies severely beat him while he was visiting his brother in jail and then falsely accused him of attacking the deputies …

On March 27, 2012, a visitor to the Los Angeles County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued jails employees and Los Angeles County under 42 U.S.C. §1983. Represented by private civil rights attorneys, the plaintiff asked the court for monetary damages. The plaintiff claimed that sheriff deputies severely beat him while he was visiting his brother in jail and then falsely accused him of attacking the deputies to cover up the beating. He filed this civil rights litigation after successfully defeating criminal charges. He claimed violations of the Fourth, Fifth and Fourteenth amendments to the U.S. Constitution, as well as California law.

On August 6, 2012, the court referred the parties to a private mediator. For two years, the parties both conducted discovery and negotiated settlement. On August 29, 2014, the parties settled the case for $1,175,000.

In addition, the plaintiff worked with federal prosecutors to initiate federal criminal prosecution against the defendant deputies. The settlement agreement is confidential.

Summary Authors

Jessica Kincaid (9/16/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4148320/parties/gabriel-moses-carrillo-v-pantamitr-zunggeemoge/


Judge(s)

Fischer, Dale S. (California)

Walsh, Patrick J. (California)

Attorneys(s) for Plaintiff

Bednarski, Marilyn E. (California)

Kaye, Ronald O. (California)

LaHue, Kevin J. (California)

Attorneys(s) for Defendant

Blen, Berta A. (California)

Frieman, Davida (California)

Ivie, Rickey (California)

Nishimura, Gilbert M. (California)

Judge(s)

Fischer, Dale S. (California)

Walsh, Patrick J. (California)

Attorneys(s) for Plaintiff

Bednarski, Marilyn E. (California)

Kaye, Ronald O. (California)

LaHue, Kevin J. (California)

Attorneys(s) for Defendant

Blen, Berta A. (California)

Frieman, Davida (California)

Ivie, Rickey (California)

Nishimura, Gilbert M. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 29, 2014 Docket
1

Complaint for Damages

Carrillo v. Zunggeemoge

March 27, 2012 Complaint
23

Order to Show Case Re: Dismissal for Lack of Prosecution

Carrillo v. Zunggeemoge

May 22, 2012 Order/Opinion
42

Stipulation to Stay Civil Proceedings

Carrillo v. Zunggeemoge

March 19, 2013 Pleading / Motion / Brief
43

Order

Carrillo v. Zunggeemoge

March 20, 2013 Order/Opinion
61

First Amended Complaint for Damages

Carrillo v. Zunggeemoge

Nov. 18, 2013 Complaint
106

Joint Stipulation of Voluntary Dismissal

Carrillo v. Zunggeemoge

Aug. 29, 2014 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4148320/gabriel-moses-carrillo-v-pantamitr-zunggeemoge/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Defendants Sussie Ayala, County of Los Angeles, Daniel Cruz(official capacity), Daniel Cruz(in his individiual capacity), Does 1 through 10 inclusive, Eric Gonzalez(official capacity), Eric Gonzalez(in his individiual capacity), Duane Harris(in his individiual capacity), Duane Harris(official capacity), Fernando Luviano, Noel Womack, Pantamitr Zunggeemoge. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Patrick J Walsh.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Gabriel Moses Carrillo.(et) (Additional attachment(s) added on 3/28/2012: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 03/27/2012)

1 Ntc of Asgmt

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2 Summons

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3 Civil Cover Sheet

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March 27, 2012 PACER
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Gabriel Moses Carrillo. (et) (mg). (Entered: 03/27/2012)

March 27, 2012 PACER
3

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 03/27/2012)

March 27, 2012 PACER
4

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge George H Wu, for the reasons set forth on this order. Related Case No. CV 10-08011 GW(PLAx) (rn) (Entered: 04/05/2012)

April 5, 2012 PACER
5

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Pantamitr Zunggeemoge served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
6

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Sussie Ayala served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
7

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Fernando Luviano served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
8

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Noel Womack served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
9

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Eric Gonzalez(official capacity) served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Deputy R. Webb (#218046), Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
10

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 5 (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
11

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 6 (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
12

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 7 (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
13

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 8 (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
14

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) 9 (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
15

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Pantamitr Zunggeemoge served on 4/25/2012, answer due 5/16/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
16

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Sussie Ayala served on 4/25/2012, answer due 5/16/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
17

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Fernando Luviano served on 4/25/2012, answer due 5/16/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
18

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Noel Womack served on 4/25/2012, answer due 5/16/2012. Service of the Summons and Complaint were executed upon Deputy Soffa, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
19

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Eric Gonzalez(official capacity) served on 4/26/2012, answer due 5/17/2012. Service of the Summons and Complaint were executed upon Deputy R. Webb (#218046), Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
20

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Daniel Cruz(official capacity) served on 4/27/2012, answer due 5/18/2012. Service of the Summons and Complaint were executed upon Lieutenant Vince Carter, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
21

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Duane Harris(official capacity) served on 4/25/2012, answer due 5/16/2012. Service of the Summons and Complaint were executed upon Michael E. Thatcher (#223404), Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
22

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant County of Los Angeles served on 4/23/2012, answer due 5/14/2012. Service of the Summons and Complaint were executed upon Gilbert Valle, Deputy County Clerk, Designated to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 04/30/2012)

April 30, 2012 PACER
23

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Dale S. Fischer. Response to Order to Show Cause due by 6/11/2012. (vdr) (Entered: 05/22/2012)

May 22, 2012 RECAP
24

REQUEST for Entry of Default against Defendants All Defendants filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Exhibit Proofs of Service)(Bednarski, Marilyn) (Entered: 05/23/2012)

1 Exhibit Proofs of Service

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May 23, 2012 PACER
25

NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against Defendants All Defendants 24 . The Clerk cannot enter the requested relief as The proofs of service are lacking required information: the statute, type of service and notice of mailing of documents not indicated. (shb) (Entered: 05/24/2012)

May 24, 2012 PACER
26

ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by Defendants County of Los Angeles.(Frieman, Davida) (Entered: 05/30/2012)

May 30, 2012 PACER
27

Defendants' Notice of Interested Parties filed by Defendants County of Los Angeles, (Frieman, Davida) (Entered: 05/30/2012)

May 30, 2012 PACER
28

REPORT of JOINT RULE 26(f) SCHEDULING CONFERENCE REPORT filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Schedule of Trial and Pretrial Dates, # 2 Exhibit A)(Kaye, Ronald) (Entered: 07/26/2012)

1 Schedule of Trial and Pretrial Dates

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2 Exhibit A

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July 26, 2012 PACER
29

INITIAL DISCLOSURE of PURSUANT TO RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by Defendant County of Los Angeles (Frieman, Davida) (Entered: 07/30/2012)

July 30, 2012 PACER
30

TEXT ONLY ENTRY: (IN CHAMBERS) ORDER RE SCHEDULING CONFERENCE. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by the parties in their Joint Rule 26(f) Report, as further described in the Schedule of Pretrial and Trial dates. (See Order re Trial for specific dates and times.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 08/03/2012)

Aug. 3, 2012 PACER
31

ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 7/15/2013. (vdr) (Entered: 08/07/2012)

Aug. 6, 2012 PACER
32

ORDER REGARDING JURY TRIAL: I. E-FILING REQUIREMENTS II. DEADLINES: A. Adding Parties or Amending Pleadings: 6/3/13; B. Discovery Cut-off: 6/3/13; C. Expert Witness Exchange Deadline: Initial: 6/10/13; Rebuttal: 6/24/13; Cut-off: 7/8/13;D. Motion Hearing Cut-off: 7/1/13; E. ADR Cut-off: 7/15/13; F. Final Pretrial Conference: 9/9/13 @ 3:00 pm; G. Trial Date: 10/8/13@ 8:30 am (6 day estimate)III. TRIAL PREPARATION IV. CONDUCT OF ATTORNEYS AND PARTIES (See document for further details) Judge Dale S. Fischer. (ir) (Entered: 08/07/2012)

Aug. 6, 2012 PACER
33

STIPULATION for Protective Order filed by Defendants County of Los Angeles.(Frieman, Davida) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
34

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order 33 . The following error(s) was found: Proposed Document was not submitted as a separate attachment.Other error(s) with document(s) are specified below. Per General Order 05-07, Discovery-related matters (i.e. Protective Orders) shall be presented to the Magistrate Judge; L.R. 52-4.1. A separate Order shall be electronically filed with any stipulation, application, motion or request of the parties requiring an order for the court. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (afe) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
35

ORDER by Magistrate Judge Patrick J. Walsh, Indicate showing of "Good Cause FCRP 26 (c)(1). Submit Proposed Order together with Stipulation as one document and e-mail to PJW Chambers (pjw_chambers@cacd.uscourts.gov) in Word or Word Perfect version - no need to re-file RE: Stipulation for Protective Order 33 (afe) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
36

PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. re Stipulation for Protective Order 33 . (afe) (Entered: 11/02/2012)

Oct. 31, 2012 RECAP
37

NOTICE of Change of Attorney Information for attorney Marilyn E Bednarski counsel for Plaintiff Gabriel Moses Carrillo. Changing firm name to Kaye, McLane, Bednarski & Litt. Filed by Plaintiff Gabriel Moses Carrillo (Bednarski, Marilyn) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
38

NOTICE of Change of Attorney Information for attorney Kevin J LaHue counsel for Plaintiff Gabriel Moses Carrillo. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to klahue@kmbllaw.com. Filed by Plaintiff Gabriel Carrillo (LaHue, Kevin) (Entered: 02/12/2013)

Feb. 12, 2013 PACER
39

NOTICE of Change of Attorney Information for attorney Kevin J LaHue counsel for Plaintiff Gabriel Moses Carrillo. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to klahue@kmbllaw.com. Filed by Plaintiff Gabriel Carrillo (LaHue, Kevin) (Entered: 02/12/2013)

Feb. 12, 2013 PACER
40

NOTICE of Change of Attorney Information for attorney Ronald O Kaye counsel for Plaintiff Gabriel Moses Carrillo. Changing firm name to Kaye, McLane, Bednarski & Litt. Changing e-mail to rok@kmbllaw.com. Filed by Plaintiff Gabriel Carrillo (Kaye, Ronald) (Entered: 02/12/2013)

Feb. 12, 2013 PACER
41

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 38 . The following error(s) was found: Document submitted in the wrong case.Case number is incorrect or missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 02/13/2013)

Feb. 12, 2013 PACER
42

Joint STIPULATION to Stay Case pending Completion of Investigation; Settlement Negotiations filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 03/19/2013)

1 Proposed Order

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March 19, 2013 PACER
43

ORDER by Judge Dale S. Fischer: the instant proceedings, including all discovery matters, is stayed, and the trial and all related dates are vacated. Joint Status Report due by 7/12/2013. (rne) (Entered: 03/20/2013)

March 20, 2013 PACER
44

NOTICE OF MOTION AND MOTION for Order for Lifting Stay filed by Plaintiff Gabriel Moses Carrillo. Motion set for hearing on 8/5/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 07/08/2013)

1 Proposed Order

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July 8, 2013 PACER
45

DECLARATION of Ronald O. Kaye In Support Of MOTION for Order for Lifting Stay 44 filed by Plaintiff Gabriel Moses Carrillo. (Kaye, Ronald) (Entered: 07/08/2013)

July 8, 2013 PACER
46

TEXT ONLY ENTRY: (IN CHAMBERS) NOTICE: Judge Dale S. Fischer is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed documents related to under seal filings must be submitted via e-mail to the Judge's Chambers e-mail at DSF_Chambers@cacd.uscourts.gov. Please refer to the judge's pilot program procedures for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 07/12/2013)

July 12, 2013 PACER
47

STATUS REPORT OF COUNSEL (JOINT) RE: STATUS OF GRAND JURY INVESTIGATION AND SETTLEMENT NEGOTIATIONS filed by Defendants Sussie Ayala, County of Los Angeles, Daniel Cruz, Eric Gonzalez, Duane Harris, Fernando Luviano, Noel Womack, Pantamitr Zunggeemoge, Plaintiff Gabriel Moses Carrillo. (Frieman, Davida) (Entered: 07/12/2013)

July 12, 2013 PACER
48

NOTICE of Under Seal Filing filed Sussie Ayala, County of Los Angeles, Daniel Cruz(official capacity), Does, Eric Gonzalez(in his individiual capacity), Duane Harris(in his individiual capacity), Fernando Luviano, Noel Womack, Pantamitr Zunggeemoge (Attachments: # 1 Declaration, # 2 Proposed Order)(Frieman, Davida) (Entered: 07/12/2013)

1 Declaration

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2 Proposed Order

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July 12, 2013 PACER
49

NOTICE OF LODGING filed OF DECLARATION OF BRIAN HERSHMAN TO BE FILED UPON GRANT OF DEFENDANTS' APPLICATION TO FILE DECLARATION UNDER SEAL re Notice of Under Seal Filing, 48 (Frieman, Davida) (Entered: 07/12/2013)

July 12, 2013 PACER
50

OPPOSITION Opposition to Plaintiff's Motion to Lift Stay Imposed on March 20, 2013 re: MOTION for Order for Lifting Stay 44 filed by Defendant County of Los Angeles. (Attachments: # 1 Declaration of Davida M. Frieman in Support of Defendants' Opposition to Plaintiff's Motion to Lift Stay Imposed on March 20, 2013)(Frieman, Davida) (Entered: 07/15/2013)

1 Declaration of Davida M. Frieman in Support of Defendants' Opposition to Pl

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July 15, 2013 PACER
51

TEXT ONLY ENTRY: (IN CHAMBERS) NOTICE: Judge Dale S. Fischer is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed documents related to under seal filings must be submitted via e-mail to the Judge's Chambers e-mail at DSF_Chambers@cacd.uscourts.gov. Please refer to the judge's pilot program procedures for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 07/15/2013)

July 15, 2013 PACER
52

ORDER by Judge Dale S. Fischer: granting Application to File Declaration of Brian Hershman Under Seal. (rne) (Entered: 07/17/2013)

July 16, 2013 PACER
53

SEALED DOCUMENT- DECLARATION of Brian Hershman filed Under Seal. (mat) (Entered: 07/18/2013)

July 16, 2013 PACER
54

REPLY in support of MOTION for Order for Lifting Stay 44 filed by Plaintiff Gabriel Moses Carrillo. (Kaye, Ronald) (Entered: 07/22/2013)

July 22, 2013 PACER
55

MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: granting 44 Motion to Life Stay. Scheduling conference set for August 19, 2013. See Minute Order for specifics. (dp) (Entered: 07/31/2013)

July 31, 2013 PACER
56

Joint Proposed Schedule of Pretrial and Trial Dates filed by Plaintiff Gabriel Moses Carrillo (Attachments: # 1 Exhibit Proposed Schedule, # 2 Proposed Order)(Kaye, Ronald) (Entered: 08/12/2013)

1 Exhibit Proposed Schedule

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2 Proposed Order

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Aug. 12, 2013 PACER
57

MINUTES OF SCHEDULING CONFERENCE: Scheduling Conference held before Judge Dale S. Fischer. The matter is called and counsel state their appearances. The Court and counsel discuss status. The Court establishes the case management dates as stated on the record. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Court Reporter: Pamela Batalo. (shb) (Entered: 08/21/2013)

Aug. 19, 2013 PACER
58

ORDER RE JURY TRIAL by Judge Dale S. Fischer: The court sets the following deadlines and hearings: Amended Pleadings due by 11/25/2013., Discovery cut-off 3/31/2014., Expert Witness Exchange Deadline - Initial 4/23/2014; Rebuttal 5/6/2014, Witness Cut-Off by 5/23/2014., Motions due by 4/14/2014., ADR Cut-Off 4/29/2014; Final Pretrial Conference set for 6/24/2014 at 03:00 PM before Judge Dale S. Fischer., Jury Trial set for 7/22/2014 at 08:30 AM before Judge Dale S. Fischer.) (shb) (Entered: 08/23/2013)

Aug. 19, 2013 PACER
59

STIPULATION to to Amend Complaint - (Discovery),, 1 filed by plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Proposed Order, # 2 First Amended Complaint)(Kaye, Ronald) (Entered: 11/13/2013)

1 Proposed Order

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2 First Amended Complaint

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Nov. 13, 2013 PACER
60

ORDER by Judge Dale S. Fischer, GRANTING Stipulation to Amend Complaint adding Deputy Anthony Reed as a defendant in this action 59 . (shb) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
61

FIRST AMENDED COMPLAINT against Defendants Sussie Ayala, County of Los Angeles, Daniel Cruz(official capacity), Does, Eric Gonzalez(individual capacity), Duane Harris(in his individiual capacity), Fernando Luviano, Noel Womack, Pantamitr Zunggeemoge, Anthony Reed; Party Duane Harris (official capacity), Daniel Cruz (official capacity) and Eric Gonzalez (official capacity) terminated amending Complaint - (Discovery),, 1 ; Jury Demand;, filed by Plaintiff Gabriel Moses Carrillo (shb) (shb). (Entered: 11/21/2013)

Nov. 18, 2013 PACER
62

21 DAY Summons Issued re First Amended Complaint,, 61 as to Defendants Sussie Ayala, County of Los Angeles, Daniel Cruz(in his individiual capacity), Eric Gonzalez(in his individiual capacity), Duane Harris(in his individiual capacity), Fernando Luviano, Anthony Reed, Noel Womack, Pantamitr Zunggeemoge. (shb) (Main Document 62 replaced on 11/22/2013) (shb). (Entered: 11/22/2013)

Nov. 18, 2013 PACER
63

PROOF OF SERVICE Executed by Plaintiff Gabriel Moses Carrillo, upon Defendant Anthony Reed served on 11/25/2013, answer due 12/16/2013. Service of the Summons and Complaint were executed upon Deputy Anthony Santillo, authorized to accept service of process in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Kaye, Ronald) (Entered: 11/27/2013)

Nov. 27, 2013 PACER
64

ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendants County of Los Angeles.(Frieman, Davida) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
65

NOTICE OF MOTION AND MOTION for Order for Motion for a Protective order and/or A Stay of Civil Proceedings filed by Defendants Motion for a Protective Order and/or A Stay of Civil Proceedings County of Los Angeles. Motion set for hearing on 1/27/2014 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Ivie, Rickey) (Entered: 12/20/2013)

1 Proposed Order

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Dec. 20, 2013 PACER
66

STIPULATION for Order Stipulation to Shorten Time to Hear Defendants Motion for Protective Order and/or Stay of Civil Proceedings filed by Defendants County of Los Angeles. (Attachments: # 1 Proposed Order)(Ivie, Rickey) (Entered: 12/20/2013)

1 Proposed Order

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Dec. 20, 2013 PACER
67

ORDER by Judge Dale S. Fischer: re Granting Stipulation 66 to Shorten Time to Hear Defendants Motion for Protective Order and/or a Stay of Civil Proceedings. The hearing on Motion for Protective Order and/or Stay 65 is ADVANCED from 1/27/2014 01:30 PM to 1/6/2014 01:30 PM. See order for advanced briefing schedule. (rne) (Entered: 12/23/2013)

Dec. 23, 2013 PACER
68

OPPOSITION to MOTION for Order for Motion for a Protective order and/or A Stay of Civil Proceedings 65 filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Declaration of Ronald Kaye in Support, # 2 Exhibit No. 1)(Kaye, Ronald) (Entered: 12/27/2013)

1 Declaration of Ronald Kaye in Support

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2 Exhibit No. 1

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Dec. 27, 2013 PACER
69

REPLY Reply to Opposition filed by Defendant County of Los Angeles. (Frieman, Davida) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
70

MINUTES OF Hearing on Motion for Protective Order or for a Stay of CivilProceedings. Motion Hearing held before Judge Dale S. Fischer: The matter is called and counsel state their appearances. The Court hears oral argument. For the reasons stated in the Opposition and on the record, the Court denies the motion. Court Reporter: Pamela Batalo. (shb) (Entered: 01/07/2014)

Jan. 6, 2014 PACER
71

STIPULATION for Order IMPOSE DEPOSITION SCHEDULE FOR DEFENDANTS INDICTED IN PARALLEL CRIMINAL CASE: CR 13-574-GHK filed by plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 01/15/2014)

1 Proposed Order

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Jan. 15, 2014 PACER
72

ORDER by Magistrate Judge Patrick J. Walsh, Granting Stipulation, 71 . GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT the depositions of Defendants Deputy Zunggeemoge, Deputy Luviano, Deputy Womack, and Sergeant Gonzalez will proceed as follows: 1. February 4, 2014 at 10:00 a.m.: Deposition of Defendant Zunggeemonge; 2. February 6, 2014 at 10:00 a.m.: Deposition of Defendant Gonzalez; 3. February 11, 2014 at 10:00 a.m.: Deposition of Defendant Womack; and 4. February 13, 2014 at 10:00 a.m.: Deposition of Defendant Luviano.IT IS FURTHER ORDERED that if any of these Defendants should request acontinuance of his deposition from these agreed upon dates, that Defendant can only do so by Court Order issued in advance of the deposition, upon a showing of good cause to the Court to justify the continuance. All other depositions in the case will proceed after these four depositions are completed. (ca) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
73

STIPULATION to Continue Trial and Related Dates from July 22, 2014 to September 2, 2014 filed by plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 01/27/2014)

1 Proposed Order

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Jan. 27, 2014 PACER
74

ORDER by Judge Dale S. Fischer, re Stipulation to Continue Hearings and Deadlines 73 . Discovery Cut-off May 12, 2014; Initial Expert Witness Exchange Deadline May 19, 2014; Rebuttal Expert Exchange Deadline June 2, 2014; Expert Discovery Cut-off June 16, 2014; Motions Hearing Deadline (Other than Motions InLimine) June 2, 2014 at 8:30 a.m.; ADR Cut-off June 9, 2014; Pretrial Conference August 4, 2014 at 3:00 p.m.; Trial (6 day estimate) September 2, 2014at 8:30 a.m. All other matters referenced in the Court Order Re Jury Trial (Dkt. No. 58) remain unchanged. (shb) (Entered: 01/29/2014)

Jan. 29, 2014 PACER
75

STIPULATION to Continue Deposition Date of Defendant Deputy Zunggeemoge and Deputy Luviano from Deputy Zunggeemoge from February 4, 2014 at 10:00 a.m.; and Deputy Luviano from February 13, 2014 at 10:00 a.m. to Deputy Zunggeemoge to February 25, 2014 at 10:00 a.m.; and Deputy Luviano to February 27, 2014 at 10:00 a.m. filed by Defendants County of Los Angeles. (Attachments: # 1 Proposed Order)(Frieman, Davida) (Entered: 01/30/2014)

1 Proposed Order

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Jan. 30, 2014 PACER
76

ORDER by Magistrate Judge Patrick J. Walsh, The deposition of Deputy Zunggeemoge shall be continued from February 6, 2016 to February 25, 2014. The deposition of Deputy Luviano shall be continued from February 13, 2014 to February 27, 2014. re Stipulation to Continue, 75 (lmh) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
77

MINUTE ORDER Setting Settlement Conference (In Chambers) by Magistrate Judge Patrick J. Walsh: This matter having been referred to Magistrate Judge Patrick J. Walsh for a settlement conference, IT IS ORDERED that a settlement conference be held on February 26, 2014, at 11:00 a.m., 312 N. Spring Street, Courtroom 23 (3rd Floor), Los Angeles, CA. The parties, lead trial counsel, andpersons whose consent is necessary to conclude a settlement are required to attend the settlement conference. If a proposed settlement must be presented for approval to a board or committee, the person who is responsible for making a recommendation to the board or committee must be present (or available by telephone if granted permission by the court). Each side shall submit a settlement conference statement directly to Judge Walsh's chambers by fax ((213) 894-5734) not later than two (2) court days before the conference. These statements are to be exchanged with opposing counsel. (See document for complete details) (ca) (Entered: 02/07/2014)

Feb. 7, 2014 PACER
78

EX PARTE APPLICATION to Continue Deposition from February 6, 2014 to March 4, 2014 filed by Defendant County of Los Angeles, Eric Gonzalez(in his individiual capacity). (Attachments: # 1 Proposed Order Proposed Order on Exparte Application to Continue Deposition)(Ivie, Rickey) (Entered: 02/07/2014)

1 Proposed Order Proposed Order on Exparte Application to Continue Deposition

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Feb. 7, 2014 PACER
79

opposition re: EX PARTE APPLICATION to Continue Deposition from February 6, 2014 to March 4, 2014 78 ; Declaration of Counsel; Proposed Order filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 02/07/2014)

1 Proposed Order

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Feb. 7, 2014 PACER
80

MINUTE ORDER RE: Defendant Gonzalez's Ex Parte Application to Continue Deposition by Magistrate Judge Patrick J. Walsh: Before the Court is Defendant Gonzalez's ex parte application to continue his deposition from February 6th to March 4th. Plaintiff opposes the continuance, but, recognizing that the February 6th date has come and gone, argues that the rescheduled date should be February 20, 2014, not March 4th. He contends that this will give Defendant's counsel adequate time to prepare for the deposition and still allow Plaintiff to depose him before the settlement conference now scheduled for February26, 2014. The Court grants Defendant's ex parte application in part and continues the deposition from February 6, 2014, to February 20, 2014. Since it appears that the parties have already agreed to resolve the court reporters appearance fee, the Court need not address that issue, 78, (ca) (Entered: 02/07/2014)

Feb. 7, 2014 PACER
81

STIPULATION to Continue Deposition Date of Defendant Deputy Noel Womack from 02/11/2014 at 10:00 a.m. to 02/19/2014 at 1:00 p.m. filed by Defendants County of Los Angeles. (Attachments: # 1 Proposed Order)(Ivie, Rickey) (Entered: 02/07/2014)

1 Proposed Order

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Feb. 7, 2014 PACER
82

NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence filed by Plaintiff Gabriel Moses Carrillo. Motion set for hearing on 3/10/2014 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Kaye, Ronald) (Entered: 02/10/2014)

1 Proposed Order

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Feb. 10, 2014 PACER
83

DECLARATION of Ronald O. Kaye In Support Of MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence 82 filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kaye, Ronald) (Entered: 02/10/2014)

1 Exhibit A

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2 Exhibit B

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Feb. 10, 2014 PACER
84

DECLARATION of Kevin LaHue In Support Of MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence 82 filed by Plaintiff Gabriel Moses Carrillo. (Kaye, Ronald) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
85

ORDER RE: STIPULATION TO CONTINUE DEPOSITION DATE OF DEFENDANT DEPUTY NOELWOMACK by Magistrate Judge Patrick J. Walsh. FOR GOOD CAUSE SHOWN: The deposition of Defendant Deputy Noel Womack shall be continued fromFebruary 11, 2014 at 10:00 a.m. to February 19, 2014 at 1:00 p.m., 81 . (ca) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
86

REQUEST to Substitute attorney GILBERT M. NISHIMURA in place of attorney RICKEY IVIE filed by Defendant Noel Womack. (Attachments: # 1 Proposed Order on Request for Appproval of Substitution of Attorney)(Attorney Gilbert M Nishimura added to party Noel Womack(pty:dft))(Nishimura, Gilbert) (Entered: 02/13/2014)

1 Proposed Order on Request for Appproval of Substitution of Attorney

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Feb. 13, 2014 PACER
87

JOINT STIPULATION to EX PARTE APPLICATION to Continue Deposition from February 6, 2014 to March 4, 2014 78 filed by Plaintiff Gabriel Moses Carrillo. (LaHue, Kevin) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
88

DECLARATION of Davida M. Frieman In support of EX PARTE APPLICATION to Continue Deposition from February 6, 2014 to March 4, 2014 78 filed by Plaintiff Gabriel Moses Carrillo. (LaHue, Kevin) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
89

DECLARATION of Kevin LaHue In support of EX PARTE APPLICATION to Continue Deposition from February 6, 2014 to March 4, 2014 78 filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(LaHue, Kevin) (Entered: 02/13/2014)

1 Exhibit 1

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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Feb. 13, 2014 PACER
90

NOTICE OF ERRATA filed by Plaintiff Gabriel Moses Carrillo. correcting Joint Stipulation re Discovery Motion 87 (LaHue, Kevin) (Entered: 02/14/2014)

Feb. 14, 2014 PACER
91

REQUEST to Substitute attorney GILBERT M. NISHIMURA in place of attorney RICKEY IVIE filed by DEFENDANT Fernando Luviano. (Attachments: # 1 Proposed Order on Request for Approval of Substitution of Attorney)(Attorney Gilbert M Nishimura added to party Fernando Luviano(pty:dft))(Nishimura, Gilbert) (Entered: 02/18/2014)

1 Proposed Order on Request for Approval of Substitution of Attorney

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Feb. 18, 2014 PACER
92

REQUEST to Substitute attorney GILBERT M. NISHIMURA in place of attorney RICKEY IVIE filed by DEFENDANT Pantamitr Zunggeemoge. (Attachments: # 1 Proposed Order on Request for Approval of Substitution of Attorney)(Attorney Gilbert M Nishimura added to party Pantamitr Zunggeemoge(pty:dft))(Nishimura, Gilbert) (Entered: 02/18/2014)

1 Proposed Order on Request for Approval of Substitution of Attorney

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Feb. 18, 2014 PACER
93

STIPULATION to Continue DEPOSITION DATES OF DEFENDANT DEPUTIES WOMACK, ZUNGGEEMOGE, LUVIANO AND SGT. GONZALEZ filed by DEFENDANTS Eric Gonzalez(in his individiual capacity), Fernando Luviano, Noel Womack, Pantamitr Zunggeemoge. (Attachments: # 1 Proposed Order re Stipulation to Continue Deposition Dates of Defendant Deputies Womack, Zungtgeemoge, Luviano and Sgt. Gonzalez)(Attorney Gilbert M Nishimura added to party Eric Gonzalez(pty:dft))(Nishimura, Gilbert) (Entered: 02/18/2014)

1 Proposed Order re Stipulation to Continue Deposition Dates of Defendant Deputies

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Feb. 18, 2014 PACER
94

Opposition in opposition re: MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence 82 Opposition filed by Defendant Anthony Reed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Attorney Berta A Blen added to party Anthony Reed(pty:dft))(Blen, Berta) (Entered: 02/18/2014)

1 Exhibit

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Feb. 18, 2014 PACER
95

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) 88 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 02/20/2014)

Feb. 19, 2014 PACER
96

Memorandum filed by Plaintiff Gabriel Moses Carrillo (Attachments: # 1 Declaration)(LaHue, Kevin) (Entered: 02/20/2014)

1 Declaration

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Feb. 20, 2014 PACER
97

ORDER RE STIPULATION TO CONTINUE DEPOSITION DATES OF DEFENDANT DEPUTIES WOMACK, ZUNGGEEMOGE, LUVIANO AND SGT. GONZALEZ by Magistrate Judge Patrick J. Walsh, re Stipulation to Continue, 93 . (ca) (Entered: 02/20/2014)

Feb. 20, 2014 PACER
98

REPLY In Support of MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence 82 filed by Plaintiff Gabriel Moses Carrillo. (Kaye, Ronald) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
99

DECLARATION of Ronald O. Kaye In Support Of MOTION IN LIMINE (#1) to Admit Report of Citizens' Commission on Jail Violence 82 filed by Plaintiff Gabriel Moses Carrillo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaye, Ronald) (Entered: 02/24/2014)

1 Exhibit A

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Feb. 24, 2014 RECAP
101

MINUTES OF Settlement Conference held before Magistrate Judge Patrick J. Walsh: The Court confers with counsel off the record. Case settles.Court Recorder: CS 02/26/2014. (ca) (Entered: 02/27/2014)

Feb. 26, 2014 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Key Dates

Filing Date: March 27, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Visitor to Los Angeles County Men's Central Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kaye, McLane, Bednarski & Litt

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Los Angeles County (Los Angeles), County

Sheriff Deputies (Los Angeles), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,175,000.

Issues

General:

Assault/abuse by staff

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Visiting

Affected Gender:

Male

Language:

Vietnamese

Type of Facility:

Government-run