Courts, Rulings & Lawsuits

ADDA sues Gascón over denial of its CPRA requests

The Association of Deputy District Attorneys yesterday announced that it has filed an action against Los Angeles County District Attorney George Gascón aimed at compelling him to provide records which the prosecutors’ group contends are not exempt from disclosure and are being wrongfully withheld. Its complaint, filed Wednesday, also names the County of Los Angeles and the District Attorney’s Office as respondents.

Metropolitan News-Enterprise

Officer used excessive force in shooting at mentally ill homeless man - Ninth Circuit

The Ninth U.S. Circuit Court of Appeals yesterday affirmed the denial of summary judgment in favor of a Los Angeles police officer who fired two shots at a houseless man who is suffering from mental illness, holding that qualified immunity is not available. Actions taken by Officer Jonathan Concetti against plaintiff John Penny, who survived his wounds, were not “objectively reasonable,” a memorandum opinion says.

Metropolitan News-Enterprise

L.A. County attorneys call retired LASD captain's suit ‘convoluted'

Attorneys for Los Angeles County want a judge to dismiss a lawsuit filed by a retired sheriff's captain who alleges he wrongfully denied a return of his concealed weapons permit, calling his complaint "convoluted" and "hard to follow.” Former Capt. Donald Rubio's Los Angeles Superior Court lawsuit allegations include retaliation and breach of contract. 

City News Service

City not liable in fatal shooting of woman believed to be fleeing felon - Ninth Circuit

The Ninth U.S. Circuit Court of Appeals yesterday affirmed a summary judgment in favor of the City of San Jose in the case of the fatal shooting of a woman on Christmas morning in 2018 by officers who mistakenly believed she was a fleeing felon and pursued her in a high-speed chase when she declined to submit to a traffic stop.

Metropolitan News-Enterprise

California ammunition background check law can remain in effect, court rules

California can proceed with enforcing a law requiring people to undergo background checks to buy ammunition, after a divided federal appeals court on Monday put on hold a judge's ruling declaring it unconstitutional. A 9th U.S. Circuit Court of Appeals panel on a 2-1 vote stayed last week's ruling by U.S. District Judge Roger Benitez in San Diego holding that the background checks law violated the right the bear arms protected by the U.S. Constitution's Second Amendment.

Reuters

Record-breaking defamation verdict: Jury awards Scott Sapulpa $25 million in landmark defamation case against the Oklahoman, owned by Gannett

In a historic decision, a jury in Muskogee County District Court, Oklahoma, has delivered a $25 million verdict in favor of Scott Sapulpa, a former assistant football coach, against The Oklahoman newspaper, the state’s largest paper owned by Gannett Co Inc. The jury found Sapulpa’s claim compelling and awarded him $5 million in compensatory damages and an additional $20 million in punitive damages.

Smith Barkett Law Group 

Former LAPD commander awarded $700,000 in military duty discrimination case

A jury has awarded $700,000 to a former Los Angeles police commander who sued the city, alleging he was chastised by Chief Michel Moore for maintaining his Air Force Reserve status and was forced to retire in 2021 because of the department’s hostility toward his military service. Edward Prokop’s Los Angeles Superior Court lawsuit alleged discrimination based on military service.

MyNewsLA

Suit restored over seizure of two children from home

The Ninth U.S. Circuit Court of Appeals on Friday reinstated an action against the County of Los Angeles and three social workers brought by a couple, suing individually and on behalf of their two children, based on the girls being removed from their home, pursuant to a warrant, because one of them, age 9, was being treated for autism with cannabis oil.

Metropolitan News-Enterprise

US appeals court reinstates suit over no-knock police raid

The United States Court of Appeals for the Third Circuit ruled Wednesday that police officers who conducted a no-knock raid on a house and injured four unarmed people were not subject to qualified immunity, a type of immunity that protects individual government officials from being sued over acts in the course of their duties. In February 2018, the police conducted a no-knock raid at the Bangor, Pennsylvania home of Richard and Ada Anglemeyer, an elderly couple in their late 70s, who lived with their two sons and their son-in-law. 

Jurist

Court rules Trump does not have immunity from 2020 election subversion prosecution

A federal appeals court on Tuesday said that Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency, flatly rejecting Trump’s arguments that he shouldn’t have to go on trial on federal election subversion charges. Here are some key takeaways from Tuesday's decision: Trump’s behavior after the 2020 election could be criminal: The judges made it clear that Trump's actions could be prosecuted in a court of law.

CNN

Prosecutors

CA state attorneys will be deployed to Alameda Co. to boost criminal prosecutions

Starting next week, the Alameda County District Attorney Pamela Price will be getting help to prosecute suspects involved in violent crime, especially in Oakland. "As the governor pointed out, we are experiencing a rise in crime, the crime rates here are excessive and they need to be dealt with," says D.A. Price. On Thursday, Governor Gavin Newsom and Attorney General Rob Bonta announced a partnership by sending state attorneys to help with criminal prosecutions.

ABC7

Engineer accused of stealing secret U.S. government tech used to detect nuclear missile launches

A former engineer was arrested on federal charges alleging he stole trade secret technology that was developed by the U.S. government to detect nuclear missile launches and to track ballistic and hypersonic missiles, the Justice Department announced Wednesday. Chenguang Gong, 57, of San Jose, California, was arrested Tuesday morning and charged with theft of trade secrets, the Justice Department said in a news release. 

NBC News

DA's Race

LA County District Attorney: Who's running in the March election and why it matters

The Los Angeles County District Attorney’s Office is the largest local prosecutorial office in the U.S., and its influence is felt far beyond L.A. County borders. The district attorney's decisions about which cases to pursue - or not pursue - are hotly debated as a reflection of what we as a society believe justice should look like. The incumbent D.A. George Gascón has rolled back many of the policies of previous district attorneys in what he says is an effort to reduce mass incarceration and racial disparities in the justice system.

LAist

Are voters souring on Gascón? The DA faces competitive field of challengers

After an embattled four years in office, Los Angeles County District Attorney George Gascón may well face an uphill battle on the ballot. But so do each of his 11 challengers, who are all struggling to make a name for themselves in a crowded race for the March 5 primary. A recent California Elections and Policy Poll showed him leading the pack with 15% of the vote, but with five other candidates bunched closely behind him.  

Los Angeles Daily News

LA DA race up for grabs?

In about a month, Los Angeles County voters will have the chance to oust the egregious George Gascon from his perch atop the demoralized county District Attorney’s Office. But will they? If money and poll numbers are anything to go by, that answer remains an amorphous maybe. According to a California Elections and Policy Poll - conducted for CalState Long Beach, Cal Poly Pomona, and USC released Thursday, Gascon has the support of 15% of LA voters.

California Globe

Out DDA Eric Siddall hopes to replace LA District Attorney Gascón

Los Angeles County Deputy District Attorney Eric Siddall has thrown his hat into the ring in the upcoming election race for Los Angeles County District Attorney, setting the stage for a heated showdown against incumbent George Gascón. In a recent exclusive interview with the Los Angeles Blade, Siddall outlined his ambitious agenda, emphasizing a targeted approach to law enforcement, innovative solutions for homelessness, and a dedicated infrastructure for the mentally ill.

Los Angeles Blade

LA County District Attorney debate held ahead of 2024 Nov. election (Video)

The race for the Los Angeles County District Attorney is on as a debate was held between the candidates.

Fox11

Policy/Legal/Political

Gavin Newsom overrules California parole board that wanted to free gang member who murdered minister early

California Gov. Gavin Newsom has overruled a state parole board decision to release a man who killed a minister and shot a deputy after they found him drunk and drove him home in 1994. Derek Eugene Pettis was a 24-year-old gang member when he shot Los Angeles County Sheriff’s Deputy Terrence Wenger, 31, and volunteer chaplain Bruce Bryan, a 39-year-old in the car on a ride-along.

Fox News

Bay Area mayors join move to walk back Prop 47 and crack down on thefts and drugs

An effort aimed at the November ballot to toughen drug and theft penalties loosened nearly a decade ago by California’s Proposition 47 got a boost Thursday when the mayors of the Bay Area’s biggest cities signed on in support. San Jose Mayor Matt Mahan and San Francisco Mayor London Breed added their names to backers of the proposed November 2024 Homelessness, Drug Addiction, and Theft Reduction Act ballot measure being pushed by law enforcement officials, retail and business organizations and crime-victim advocates.

Bay Area News Group

California criminal justice system moving slowly to confront biases, discrimination

In the two years since California passed the Racial Justice Act, attorneys and public defenders say there has been slow progress toward criminal justice reform and pursuit of a less biased system. University of California, Berkeley’s Criminal Law and Justice Center and the Berkeley Journal of Criminal Law hosted a symposium Friday on utilizing and following the new law through pretrial, trial and post-conviction processes.

Courthouse News Service

Newsom recalls Target worker blaming him for retail theft: ‘Where’s your manager?’

California Gov. Gavin Newsom (D) on Wednesday recounted the moment a Target worker unknowingly blamed him for retail theft after he tried to talk to them about a customer walking out of the store. Newsom, during a press conference Wednesday about a mental health proposition, revealed he was recently at a Target store about to check out when he saw a man walk out of the store without paying.

The Hill

Ninth Circuit considers reviving law regulating defense attorneys’ access to victims

The state of Arizona defended before a Ninth Circuit panel Monday a law that prohibits criminal defense attorneys from contacting victims without going through the prosecutor’s office. A federal judge overturned the law in 2022 in a lawsuit filed by Arizona Attorneys for Criminal Justice, a statewide non-profit made up of defense lawyers, law students and other associated professionals. 

Courthouse News Service

Los Angeles City/County

The LAPD has an Asian American chief for the first time. He's the son of Korean immigrants

An Asian American assistant chief was named interim chief of the Los Angeles Police Department on Wednesday, taking charge of a force that mostly has been led by white men. Assistant Chief Dominic H. Choi was unanimously appointed by the civilian Board of Police Commissioners. Choi, the son of Korean immigrants, will be the first Asian American to head the agency when he begins his role on March 1.

AP

L.A. County legal spending skyrocketed to $1 billion last year, as Sheriff’s Department settlements balloon

The costs to defend Los Angeles County - and its army of sheriff’s deputies, firefighters, social workers and doctors - against lawsuits skyrocketed in the last fiscal year, according to twin reports released this week. The annual tally of the county’s legal tab, which tracks payouts made between July 1, 2022, and June 30, 2023, found the county spent $257 million on settlements and judgments - triple what it spent the year before.

Los Angeles Times

Ill-fitting gear endangers female L.A. County firefighters, supervisors say

When a female firefighter in Los Angeles County rushes into a burning building to save a life, she must deal with an extra challenge her male counterparts do not face: her uniform. At Tuesday’s Board of Supervisors meeting, female firefighters and lifeguards explained to the board how ill-fitting uniforms designed for men restrict their ability to move, are heavier because of unnecessary material and leave gaps that increase their risk of being burned by flying embers or inhaling smoke known to cause cancer.

Los Angeles Times

LASD captain quietly retires amidst sex trafficking investigation

Captain Charles “Chuck” M. Norris IV, Acting Commander of the Special Operations Bureau, retired on Jan. 27, 2024, after 34 years and six months of service in the LASD, according to documents filed for the Los Angeles County Employees Retirement Association Board of Retirement. Norris had been quietly relieved of duty in Sept 2023, after allegedly attempting to meet a 12-to-14-year-old teenage boy for sex, according to reports obtained by The Current Report.

KHTS

New Los Angeles County Sheriff’s Department database on racial profiling now available 

The Los Angeles County Sheriff’s Department has introduced a new interactive dashboard regarding the Racial and Identity Profiling Act, or RIPA. According to LASD, RIPA, also known as AB 953, requires all California law enforcement agencies to collect information on all detentions and searches and enter them in a database that allows the public to filter data by race, date, station area and type of stop. 

KTLA

Nine months after opening, L.A. County’s newest juvenile hall under fire from regulators

Nine months after state regulators ordered Los Angeles County officials to transfer hundreds of youths out of two troubled juvenile halls, they are now considering closing a third hall - the one that probation officials recently reopened to appease regulators in the first place. The Board of State and Community Corrections sent a letter Wednesday to Probation Department Chief Guillermo Viera Rosa detailing numerous persistent problems inside Los Padrinos, including too few staff on hand, not enough safety checks and too little programming.

Los Angeles Times

California/National

Preparing the vote: California elections offices plan for March 5 primary election

For Beth Diebels, mailing in her ballot makes the most sense. The Folsom, California, resident likes having time to educate herself on the issues. She knows how she’ll vote in some races, while others require research and thought. Besides, due to her work schedule, Diebels is not usually near a vote center on Election Day. “It’s the one true option I have to utilize my voice,” Diebels, a voter assistance hotline volunteer for the Democratic National Committee, said of the right to vote.

Courthouse News Service

California lawmakers, raising fears of political violence, want to shield their properties

Citing safety threats, California lawmakers are advancing a bill that would keep the property they own and other personal information from annual financial disclosures off the internet. The measure, Assembly Bill 1170, would shift to an electronic filing system for the statement of economic interest, known as Form 700, that elected officials and some public employees in California are required to complete each year.

CalMatters

FBI Director Christopher Wray warns China's hackers have entire nation in their crosshairs

Chinese government hacking efforts now target the entire American populace, and the escalating urgency of the overall threat that China poses to U.S. national security requires more investment in the FBI’s capabilities, FBI Director Wray warned lawmakers during a January 31st appearance before the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party. 

FBI Director Christopher Wray

Migrants accused in beating of New York City police officers still at large

Federal agents apprehended four illegal immigrants in Phoenix on Monday who were initially believed to have been part of a mob of migrants who were arrested and later released for attacking two police officers in Times Square. The Manhattan District Attorney's office told Fox News Wednesday, however, that the four are not connected to the beating of the NYPD officers. 

Fox News

Convictions/Pleas/Sentences

Secretary to Southern California gangleader sentenced to 7 years in prison

A woman identified by federal authorities as the “secretary” to an imprisoned gang leader whose turf included parts of East Los Angeles has been sentenced to more than seven years in prison. Kelly Deshannon, 42, of La Verne, was sentenced to 85 months in federal prison for conspiracy and violent crimes related to her role as the gang leader’s representative. Deshannon served as the secretary to a member of the Mexican Mafia who controlled Latino gangs and drug trafficking operations in Pomona while behind bars, officials said.

KTLA

Crime

Police arrest alleged street takeover organizer, then cite and release him

A 20-year-old man believed to be one of the most prominent street takeover organizers in Southern California was taken into custody but later released, police said Thursday. According to the Los Angeles Police Department, investigators with the Street Racing Task Force, the Los Angeles County Sheriff’s Department Paramount Station and California Highway Patrol assisted with executing a search warrant around 5 a.m. Wednesday in Paramount and arrested Erick Romero Quintana.

City News Service

Two men suspected of selling cocaine at homeless encampment arrested

Two men suspected of selling cocaine at a homeless encampment in the Westlake district were arrested, the Los Angeles Police Department announced Monday. During the service of the search warrant, 439.4 gross grams of powder cocaine, 29.2 gross grams of cocaine base, an unregistered handgun, and $147,987 in U.S. currency were seized, police said.

City News Service

LA Times tells Angelenos they’re wrong about crime, everything is fine

My family moved to Los Angeles during the 1984 Olympics. “I Love L.A.” was on the radio and the city was the envy of the world. I loved everything about L.A. I immediately became a Dodgers, Lakers, Rams, and Kings fan. And I loved the Los Angeles Times, mostly because of its sports section and exceptional calendar (entertainment) section.

The Epoch Times

Killer Mike blames ‘overzealous' guard for arrest at Grammys

Rapper Killer Mike says he'll be cleared of wrongdoing - following his arrest backstage at the Grammy Awards ceremony Sunday. It happened shortly after Mike, who's legal name is Michael Render, won three Grammy awards for best rap performance, best rap song, and best rap album. "We experienced an over-zealous security guard but my team and I 'have the utmost confidence' that I will ultimately be cleared of all wrongdoing," he said in a statement.

NBC4

41 arrested in Los Angeles County retail theft bust

Amid an increase in smash-and-grab thefts targeting Southern California retailers, a bust operation led to the arrests of 41 suspects. Los Angeles County Sheriff’s deputies conducted retail theft patrols at various stores including Target, Walmart, Macy’s Ulta Beauty and Ross Dress For Less. During the operations, 41 suspects were arrested and over $10,000 worth of stolen merchandise was recovered.

KTLA

Articles of Interest

Law Enforcement Legal Defense Fund maps George Soros-linked prosecutors around the country

Law Enforcement Legal Defense Fund is shining a spotlight on the rogue attorneys nationwide who are working hard to undermine law and order while holding the position of district attorney or state’s attorney in their respective jurisdictions. In 2023, there were 70 chief prosecutors in the U.S. in office linked to left-wing billionaire George Soros after 12 were previously defeated in elections, resigned, departed, or were otherwise removed, such as the case of Andrew Warren, who was ousted by Gov. Ron DeSantis (R-FL) due to dereliction of duty and incompetence, the Washington Examiner reported.

Law Officer

Judge denies Lizzo's motion to have sexual harassment lawsuit dismissed

A judge denied Lizzo's attempt to have her sexual harassment lawsuit dismissed. Billboard reports a Los Angeles County Superior Court judge ruled on Friday that the case will proceed to trial. Three of Lizzo's former dancers filed the lawsuit last year, accusing the "Good as Hell" singer of sexual harassment.

Complex

NYPD to go 'old school' by banning facial hair and changing uniforms, new video reveals: 'Bring back some traditions’

They’re about to be New York City’s Smoothest. The NYPD is going “old school” when it comes to the facial hair and uniforms of police officers, according to a new video obtained by The Post. The video shows Chief of Patrol John Chell talking to members of department brass during a CompStat meeting at One Police Plaza last week. “Uniform changes are coming rather quickly,” Chell tells the bosses in the video.

New York Post

Taylor Swift threatens legal action against Florida student tracking her private jet

Attorneys for Taylor Swift are threatening legal action against the Florida college student who tracks the private jets of celebrities and public figures, including Swift. Jack Sweeney confirmed to CNN on Tuesday that he received a cease-and-desist letter threatening legal action from attorneys for Swift about the social media accounts he runs that track Swift’s flights. The news was first reported by the Washington Post.

CNN

Ex-client sues law firm Manatt in $31 million malpractice fight

U.S. law firm Manatt Phelps & Phillips has been sued for allegedly botching a client's lawsuit against his brothers, causing him to forfeit a $30.9 million court victory. In a 11-page lawsuit filed Tuesday in Los Angeles County Superior Court, Leonard Schrage said the firm used the wrong legal theory when he first sued his brothers Michael and Joseph in 2015 over their management of their deceased father's car dealership empire.

Reuters

Corrections

California issues statewide prison threat warning after 200 inmates rush guards at Riverside County facility

A 200-person inmate riot at a Riverside County facility triggered a threat assessment at every prison in California on Wednesday morning. The uproar started at Ironwood State Prison, which is about 22 miles away from the Arizona border, at about 10 a.m. as guards escorted an inmate across the yard during a contraband investigation. 

KCAL News

For more ADDA news and information, visit www.laadda.com.