Tag Archives: Carol Sobel

City of Los Angeles Files Unconvincing Response To Carol Sobel’s Opposition To City’s Motion For Clarification Of Judge Otero’s Preliminary Injunction Against Confiscation Of Homeless People’s Property In Skid Row, Basically Ask Court To Allow Them To Confiscate Incident To Arrest Even If There’s A Third Party To Take Property Cause Cops Don’t Have Time To Do The Right Thing

August 29, 2017 Mike Leave a comment

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Last week it came out that ongoing settlement talks in Mitchell v. City of Los Angeles had broken down, leading to the plaintiffs filing an opposition to the City’s motion for clarification of Judge Otero’s April 2016 preliminary injunction against the City. Yesterday the City filed a reply to Sobel’s opposition (PDF, transcription after the break).

The City’s argument is based on the highly dubious assertion that “Throughout all of its efforts, the City strives to balance the need of all of the City’s residents to have clean, sanitary, and accessible public areas, including sidewalks, with the needs of “the City’s large and vulnerable homeless population” and they just need clarification “…to ensure that its employees who are responsible for protecting the health, safety, and welfare of every person living or working in the Skid Row area clearly understand, and are in a position to successfully implement, the terms of the Court’s Order.”

Of course, it’s much, much more likely that the City’s goal is to harass homeless people so mercilessly that they all leave, freeing up the valuable real estate of Skid Row for the Downtown developers who hungering so fiercely for it. And I apologize that I can’t go into more detail, but, as I said, there’s a transcription after the break.
Continue reading City of Los Angeles Files Unconvincing Response To Carol Sobel’s Opposition To City’s Motion For Clarification Of Judge Otero’s Preliminary Injunction Against Confiscation Of Homeless People’s Property In Skid Row, Basically Ask Court To Allow Them To Confiscate Incident To Arrest Even If There’s A Third Party To Take Property Cause Cops Don’t Have Time To Do The Right Thing →

Lawsuits

Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m.

August 22, 2017 Mike Leave a comment

It’s been over a year since anything tangible happened in Mitchell v. City of LA, which is the most recent lawsuit against the City of Los Angeles challenging the City’s abhorrent enforcement of the abhorrent LAMC 56.11 as an abhorrent justification for the illegal and immoral confiscation of the personal property of homeless people in Los Angeles. Here’s a brief timeline of what’s been going on:

April 2016 — Judge Otero issues a preliminary injunction severely limiting the City’s enforcement of LAMC 56.11 in Skid Row.
May 2016 — The City of Los Angeles asks Otero to clarify his injunction. In particular, the City wanted to know the boundaries within which the injunction applies and also how the community caretaking exception to the Fourth Amendment is to be exercised in relation to homeless people’s property.
Subsequently the City and the plaintiffs spent over a year trying to come to an agreement on the motion for clarification.

Well, yesterday Carol Sobel filed this opposition announcing that, while the parties were able to agree on the boundaries within which the injunction applies and some other matters, they most certainly were not able to agree on the community caretaking matter and neither were they able to agree on the City’s proposal for what constitutes a removable “bulky item.” The agreed-upon boundaries, by the way, are:

Second Street to the north, Eighth Street to the South, Alameda Street to the east and Spring Street to the west.

According to the American Bar Association Journal,

The idea behind community caretaking is that police do not always function as law enforcement officials investigating and ferreting out wrongdoing, but sometimes may act as community caretakers designed to prevent harm in emergency situations.

When they’re functioning in that role, the theory goes, they can seize cars without due process, or search houses without a warrant, and so on, as long as they’re “caring for the community” rather than investigating. Thus the community caretaking function justifies some specific exceptions to the Fourth Amendment prohibition on warrantless searches and seizures of property.

And I’m sure you can imagine just what kinds of mischief the City of Los Angeles is capable of getting up to with a tool like that. In particular they’re arguing that they ought to be able to confiscate people’s property when they’re arrested even if the arrestee has someone at the scene who can take custody of the property. The City says yes, sane people say no.

This matter is scheduled for a hearing at 10 a.m. on Monday, September 11, in Otero’s Courtroom 10C in the First Street Federal Courthouse. Anyway, turn the page for some excerpts from the filing which explain things better than I’m capable of doing.
Continue reading Discussions On City Of LA’s Motion For Clarification Of Otero’s Preliminary Injunction Forbidding Confiscation Of Homeless Property In Skid Row Finally Break Down, Leading Plaintiffs’ Attorneys To File Scathing Opposition — Hearing Set For September 11 At 10 a.m. →

Lawsuits

Carol Sobel Tries To Serve Summons On LAPD Sgt. Edward Kinney In Pete White’s Lawsuit, LAPD Responds: We Never Heard Of Him, He Doesn’t Work Here, His Name Is Spelled Wrong, Your Summons Is Missing His Serial Number, Your Summons Is Missing A Comma, Therefore We Cannot Accept Service. Take That, Carol Sobel!!

August 3, 2017 Mike Leave a comment

In May of this year Pete White sued the City of Los Angeles, Charlie Beck, and a cop named Edward Kinney for civil rights violations committed while arresting him for filming an encampment cleanup in Skid Row last year. Of course, it’s early days as far as federal lawsuits go, so not much is happening right now. However, one ultimately inconsequential but nevertheless interesting document showed up on PACER early this morning. It’s a declaration of Carol Sobel outlining the pulling-teeth level runaround she got from the LAPD while trying to serve a summons on defendant Edward Kinney.¹

In short, she tried to serve him at the Central Police Station. The desk told the process server that he didn’t work there. She called personnel to find out where he worked. They told her that no one by that name was employed by the LAPD. She thought maybe she’d gotten the name wrong so asked for close matches. They gave her someone in Pacific Division. She tried to serve him but they wouldn’t accept service because the summons was lacking the officer’s serial number.

She found out that she had indeed spelled the name wrong, so called personnel again. Again they told her that no one by that name worked for the LAPD. She cited multiple news articles available via Google quoting the guy and they agreed to accept service.² There were a few more twists, which you can read about in the transcript after the break, and the summons still isn’t served.³ Continue reading Carol Sobel Tries To Serve Summons On LAPD Sgt. Edward Kinney In Pete White’s Lawsuit, LAPD Responds: We Never Heard Of Him, He Doesn’t Work Here, His Name Is Spelled Wrong, Your Summons Is Missing His Serial Number, Your Summons Is Missing A Comma, Therefore We Cannot Accept Service. Take That, Carol Sobel!! →

Lawsuits

In May 2017 Pete White, Represented By Carol Sobel, Filed Suit Against The City Of Los Angeles, Charlie Beck, And Officer Kenny For Arresting Him While He Was Filming Cops V. Homeless In 2016

June 30, 2017 Mike Leave a comment

Pete White being arrested while filming the LAPD on June 14, 2016.

In May 2017 Pete White of the Los Angeles Community Action Network, represented by Carol Sobel, filed suit in federal district court against the City of Los Angeles, Charlie Beck, and some cop named Officer Kenny. The basis of the complaint is that Kenny ordered Pete White’s 2016 arrest while he was lawfully filming LAPD interactions with homeless people on Skid Row. Pete White claims, and it seems right to me, that he was arrested in retaliation for his activism on behalf of homeless residents of Skid Row.

For some reason, this suit does not seem to have been reported on in the real news media, and I’m interested, so I’ll be at least collecting the pleadings here. You can find them:

On this dedicated page — Also reachable via the menu structure above.
Directly from static storage

Or, if you prefer, here is a copy of the initial complaint, which is the only item of consequence that’s presently available. There are selections after the break.
Continue reading In May 2017 Pete White, Represented By Carol Sobel, Filed Suit Against The City Of Los Angeles, Charlie Beck, And Officer Kenny For Arresting Him While He Was Filming Cops V. Homeless In 2016 →

Lawsuits

City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association

June 14, 2017 Mike Leave a comment

As I reported last week, the City Council was scheduled today to go into closed session to consider a settlement of the monumental lawsuit brought by Los Angeles Catholic Worker and the LA Community Action Network against the Central City East Association and the City.

Well, today they met and approved a motion which authorizes the City Attorney to pay $495,000 out of the City’s Police Liability Fund to the Legal Aid Foundation of Los Angeles as part of the settlement. Given the extensive behavioral restrictions on BID security and ongoing oversight by the court agreed to by the CCEA in its settlement, it seems likely that the money will turn out to be only part of the City’s settlement deal. The details of the rest will surely be hitting PACER soon enough, and you’ll read about them here first!

This is a huge win for LAFLA and its brave and talented attorneys: Fernando Gaytan, Shayla Myers, Paul Hoffman, and Catherine Sweetser. Cheers all round! And, although Carol Sobel didn’t work on this particular case, the outcome continues to confirm Mike Bonin’s prescient 2016 remark that if the City didn’t clean up its act with respect to the property of homeless people, “We may as well open up the keys to reserve funds to Carol Sobel”

Turn the page for a full transcription of the motion if you’re interested.
Continue reading City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association →

Lawsuits

Street Photographer Shawn Nee Completely Settles Case Against LAPD, City Of Los Angeles, For Interfering With His Right To Photograph Police, Terms Apparently Not Yet Released

April 29, 2017 Mike Leave a comment

Perhaps you recall that Los Angeles based street photographer Shawn Nee filed suit against the City and the LAPD for preventing him from freely photographing the police. Well, it turns out that, last week, the case was completely settled. The terms of the settlement do not yet seem to be public, but two documents did show up on PACER confirming the settlement. Turn the page for links and descriptions.
Continue reading Street Photographer Shawn Nee Completely Settles Case Against LAPD, City Of Los Angeles, For Interfering With His Right To Photograph Police, Terms Apparently Not Yet Released →

Lawsuits

LAPD Officer Stuart Jaye, Accused Of Interfering With Photographer Shawn Nee, Will No Longer Be Represented By City Attorney, Hires Stacey Koon’s Old Lawyer, Thomas J. Feeley, Instead

February 2, 2017 Mike Leave a comment

Hollywood Division officer Stuart Jaye, blocking photographer Shawn Nee on July 5, 2015.

Recall, if you will, that in July 2016 Carol Sobel filed suit in federal court on behalf of Los Angeles photographer Shawn Nee against the City of LA, Charlie Beck, and various LAPD officers, including Hollywood Division stalwart Stuart Jaye, famously dubbed Officer A-Hole by the incomparable Jasmyne Cannick.

Jaye had been represented by Deputy City Attorney Surekha A. Pessis, but change is in the air. Last night this request for withdrawal and substitution of attorney was filed, notifying the court¹ that Pessis would no longer represent Jaye, whose lawyering will be in the future handled by veteran cop defender Thomas J. Feeley. Feeley, of course, famously represented King-beater Stacey Koon in the civil case arising from that incident, causing some minor controversy in the process. According to Feeley’s website, he

… has particular expertise in police misconduct litigation defense as well as extensive experience in major municipal law, personal injury, civil rights, employment and contract disputes.

Continue reading LAPD Officer Stuart Jaye, Accused Of Interfering With Photographer Shawn Nee, Will No Longer Be Represented By City Attorney, Hires Stacey Koon’s Old Lawyer, Thomas J. Feeley, Instead →

Lawsuits

Hollywood-Based Street Photographer Shawn Nee Filed Suit In July Against City of LA, Charlie Beck, Individual LAPD Officers, For Preventing Him From Freely Photographing Police

November 19, 2016 Mike Leave a comment

LAPD Officer Stuart Jaye blocking documentary photographer Shawn Nee from filming police activity on July 5, 2015.

Shawn Nee is a documentary photographer who lives in Hollywood and films police around the City of Los Angeles. Here’s an excellent interview with him along with a selection of his work. I also recommend this short film about Nee’s work on Hollywood Boulevard on Halloween 2014.

His YouTube channel is filled with recordings of LAPD officers angry with him for photographing them. In particular, on July 5, 2015, LAPD Officer Stuart Jaye blocked his line of sight while he was taking still photos of police activity. Also, on November 10, 2015, LAPD Officer Pearson actually grabbed his phone while he was recording police activity. These two incidents form the basis of a suit filed by Nee on July 7, 2016. This episode is also worth watching even though it isn’t mentioned in the suit.

This seems like it’s going to be interesting, so I started a page for this suit in the menu structure, or you can access the material directly from local storage. There’s not much in there yet, but the initial complaint is well worth your time to read. There are some selections after the break as well as a description and some documentation of a tangential BID Patrol connection from 2008!
Continue reading Hollywood-Based Street Photographer Shawn Nee Filed Suit In July Against City of LA, Charlie Beck, Individual LAPD Officers, For Preventing Him From Freely Photographing Police →

Lawsuits

Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time.

November 19, 2016 Mike Leave a comment

Carol Sobel, plaintiffs' attorney in Chua v. City of Los Angeles — Carol Sobel, plaintiffs’ attorney in Chua v. City of Los Angeles

In July of this year the plaintiffs in Chua v. City of Los Angeles, based on LAPD misconduct during 2014 protests concerning Michael Brown, filed a motion for certification as a class action suit. The City of Los Angeles did not oppose the motion. But, of course, even if the parties to a suit agree, these things are still up to the Judge. A hearing on the motion was held on November 7, and Judge Kronstadt stated his “tentative views that [he] is inclined to grant in part Plaintiffs’ Motion for Class Certification. However, evidently he still had some questions about his decision, because he instructed the plaintiffs to supplement their motion for class certification with some additional briefs, which were due and filed last Monday, the 14^th of November. They are linked to directly below, and you can find some quotations and uninformed discussion after the break.

Interestingly, those minutes also note that the City isn’t presently interested in settling matters:

The Court confers with counsel regarding settlement. Plaintiffs are open to participating in a settlement conference now while defense counsel believes it is premature at this time.

Continue reading Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time. →

CD13

CD13 Staffers Marisol Rodriguez and Juan Fregoso Conspire With Bureau of Sanitation Employees Jose Garcia and Renee Shackleford to Subvert City Homeless Encampment Cleanup Policies and Procedures Just So Mitch O’Farrell, Other “VIPs,” Don’t Have To Walk By Homeless People On Their Way To Give A Speech

October 8, 2016 Mike Leave a comment

Low income housing at 215 N Vermont Avenue. Note the distinctive lack of homeless people for VIPs to step over, thanks to the foresight and strongarm tactics of CD13's Marisol Rodriguez and Juan Fregoso. — Low income housing at 215 N Vermont Avenue. Note the distinctive lack of homeless people for VIPs to step over, thanks to the foresight and strongarm tactics of CD13’s Marisol Rodriguez and Juan Fregoso.

Well, it turns out there’s this company called AMCAL Housing, and according to their about-us page they build affordable housing in exchange for tax breaks, or some such thing. They’re building a big project at Vermont and Beverly¹ called the Meridian Apartments, and they broke ground officially on February 11, 2016, with Mitch O’Farrell scheduled to speak at the ceremony.

Thus, on February 1, 2016, Paige Horn of AMCAL Housing emailed Marisol Rodriguez, Dave Cano, Juan Fregoso, all of CD13, and some people from Korean Churches for Community Development, which is working with AMCAL on this project, telling them:

Thank you all for your participation in the Meridian Groundbreaking Event on Thursday, February 11^th at 11am! … There should be ample street parking, however, I have reserved VIP Parking for all speakers at the lower parking lot of Hubbard College of Administration that can be accessed from Juanita Avenue.

Map of the area. (a) is the parking lot, (b) is the encampment. A speculative VIP path to the event is shown in purple. Click to enlarge.

But local knowledge counts for a lot. The very next day, our very own Juan Fregoso emailed Victor Gutierrez (#26802) with a cc to Matthew Ziegler (#34208)² to report:

Hi Vic,
Here is the info for the event on the 11th.

We have CSI³ scheduled for February 9th.

As you can see, VIPs will park on Juanita and will have to walk through the encampment.

Me and Marisol are working to see how to address this but wanted to flag the event.

Thanks again for all your help.

And amazingly enough, I have a copy of the lengthy email chain between Juan Fregoso, Marisol Rodriguez, and a bunch of people from the L.A. Sanitation department showing exactly what those two CD13 stalwarts were doing “to see how to address this.” You can probably guess what’s coming, because if VIPs (?!) have to walk near homeless people, something’s gotta give, and it ain’t gonna be the VIPs,⁴ You’d be right, and you can read the sordid details after the break!
Continue reading CD13 Staffers Marisol Rodriguez and Juan Fregoso Conspire With Bureau of Sanitation Employees Jose Garcia and Renee Shackleford to Subvert City Homeless Encampment Cleanup Policies and Procedures Just So Mitch O’Farrell, Other “VIPs,” Don’t Have To Walk By Homeless People On Their Way To Give A Speech →