Tag Archives: Michael Brown

In The Wake Of Federal Lawsuits Against The City Of Los Angeles For Its Outrageous Unsupportable Illegal Pretextual Arrests At 2014 Protests Over The Murder Of Michael Brown City Attorney Mike Feuer Issued Detailed Confidential Case Filing Guidelines Explaining Precisely Which Crimes To Arrest Protesters For — And Exactly What Information Had To Be In The Police Reports In Order To Prosecute Successfully — Which Looks To The Even Mildly Cynical Eye As A List Of Suggested Lies For The Cops To Include — And Here — Friends — Is A Copy Of Feuer’s Confidential Report — All Eighteen Pages Of It — And Special Bonus! — LAPD Enforcement Guidelines For LAMC 55.07 — Which Regulates How Big Your Signs Can Be At Protests And Forbids Glass Bottles — Among Other Things

In 2014 a police officer in Ferguson, Missouri murdered Michael Brown. On November 24, 2014 a grand jury announced its decision not to indict the officer and, in response, civil unrest broke out across the United States, including in Los Angeles, where hundreds of protesters were arrested by the LAPD. And it’ll be no surprise to anyone paying attention that the police here used illegal tactics, arrested people who weren’t breaking the law, and so on.

These allegations were the subject of at least three federal civil rights suits against the City. One by Charmaine Chua, filed in January 2016, was eventually certified as a class action, and seems poised to settle fairly soon. Another, by Patti Beers and others, seems to have settled already. The third, filed by Girmay Amha, has particularly vivid descriptions of LAPD misconduct, and it’s really worth your time to read to find out exactly the kind of crap the cops pulled.

So evidently, and this is supported by the fact that none of these cases seem likely to go to trial and the fact that evidently few if any of the arrestees were ever charged, the City realized that they had incurred significant liability due to LAPD misconduct. In defending the City against these multiple suits, and also having been involved in the decisions not to charge most or all of the protesters, the City Attorney’s office would have had to had a deep look into LAPD’s arrest policies at protests.

The lack of charges certainly suggests that they didn’t like what they found. It’s possible, therefore, although I don’t (yet) have direct proof, that LAPD behavior at the Michael Brown protests was the cause of the fact that in October 2017 Los Angeles City Attorney Mike Feuer released an extensive and detailed set of filing guidelines related to arrests made at protests. I recently obtained a copy of this putatively confidential document, you can get your own copy here, and there’s a transcription below.1

This remarkable document lists 16 distinct violations that the City Attorney recommends LAPD arrest protesters for. It includes “evidentiary recommendations” for each crime, which read like nothing more than winking advice to police about what kinds of things they have to make up in order to avoid future debacles. There are also notes to filing deputies city attorneys for some of the violations. In all it’s a technical but absolutely fascinating document, and surely the time spent reading it will be repaid manyfold.

And included in the same document release from which I obtained this record, there was also this other notice from the Chief of Detectives, entitled “Enforcement Guidelines for Violations of LAMC §55.07.” This law regulates what kinds of items are forbidden to possess at protests, like sign poles that are too thick, or sharpened, and so on. It breaks down the division of responsibilities among different command levels for arresting people for violations, and includes a copy of the mandatory warning, in both English and Spanish, which must be read by officers before they start arresting people for violations. Very, very interesting stuff.
Continue reading In The Wake Of Federal Lawsuits Against The City Of Los Angeles For Its Outrageous Unsupportable Illegal Pretextual Arrests At 2014 Protests Over The Murder Of Michael Brown City Attorney Mike Feuer Issued Detailed Confidential Case Filing Guidelines Explaining Precisely Which Crimes To Arrest Protesters For — And Exactly What Information Had To Be In The Police Reports In Order To Prosecute Successfully — Which Looks To The Even Mildly Cynical Eye As A List Of Suggested Lies For The Cops To Include — And Here — Friends — Is A Copy Of Feuer’s Confidential Report — All Eighteen Pages Of It — And Special Bonus! — LAPD Enforcement Guidelines For LAMC 55.07 — Which Regulates How Big Your Signs Can Be At Protests And Forbids Glass Bottles — Among Other Things

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Charmaine Chua V. City Of Los Angeles — Motion For Leave To Present Classwide Damages Filed — Hearing Scheduled For January 14, 2019 At 8:30 A.M. Before Judge John Kronstadt — First Street Courthouse Courtroom 10B

UPDATE: This hearing has been changed to February 4, 2019 at 8:30 a.m. The trial has been reset as well. The new dates are set here in this order.

Almost three years ago now, in January 2016, Charmaine Chua and others sued the City of Los Angeles for civil rights violations arising from 2014 protests over the killing of Michael Brown in 2014 in Ferguson, Missouri. In May 2017 the case was certified as a class action, but it seems like not that much has happened since then, I guess maybe because it still seemed like there was some chance that it might settle.

Well, evidently that’s not going to happen, and the case is revving up again. In September of this year Judge John Kronstadt issued a scheduling order which, in part and barring settlement, which didn’t happen, ordered the plaintiffs ” to file a motion (“Motion”) for leave to present claims of alleged general damages on a classwide basis at trial of the corresponding claims for liability, which shall include a proposed trial plan for the presentation of evidence as to such alleged damages.”

I guess the point is that usually in a lawsuit the plaintiff can get damages to make up for what the defendant’s conduct cost them but if they’re suing for so-called general damages, where no specific objective dollar value can be assigned, it’s necessary to argue that such payments are appropriate. Anyway, as always, I’m not a lawyer, but that seems to be what the motion, filed by plaintiffs on November 5, 2018, seems to be arguing.1

It seems that the way to make this argument in cases of police misconduct, false imprisonment, and so on, is to introduce an expert witness who has studied and/or been involved in many such cases. The plaintiffs also filed, therefore, a declaration by Michael Avery, who analyzes more than 20 cases of police misconduct involving wrongful imprisonment in which, at least in the class action ones, victims were paid between $1,800 and $23,000 as compensation for their loss of liberty. There is a transcription of this after the break, along with links to other interesting materials and a little background as well.

Note that the hearing on this motion is scheduled for January 14, 2019 at 8:30 a.m. in John Kronstadt’s courtroom in the First Street Federal Courthouse, which is 10B. Don’t be misled by the wrong date which appears on a bunch of these pleadings. It was an error, as reflected in this notice of error filed with the court a couple days ago.
Continue reading Charmaine Chua V. City Of Los Angeles — Motion For Leave To Present Classwide Damages Filed — Hearing Scheduled For January 14, 2019 At 8:30 A.M. Before Judge John Kronstadt — First Street Courthouse Courtroom 10B

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Senior Lead LAPD Officer Julie Nony Says LAPD Continues Along The Path To Peace Paved 60 Years Ago By Ghandi [sic] And MLK — Senior Lead LAPD Officer Julie Nony Is Surprised That UCLA Students Drag Feet With Respect To Hosting Cop Discussion Group Because “This Seems Unusual For A School That Usually Participates In Protests” — Evidently Senior Lead LAPD Officer Julie Nony Is Now Assigned To The “Community Relationship Division” Of The LAPD Trying To Head Off Riots Before They Begin — TLDR: Senior Lead LAPD Officer Julie Nony Is A Lizard-Loving Moron

As you’re probably aware I have been trying to understand the situation with the Westwood Village BID and the Westwood Neighborhood Council and all them uppity UCLA students who want more bars open more hours.1 But, as you’re probably also aware, Westwood Village BID Boss BIDdie Andrew Lloyd Thomas, probably under the reeking influence of his lawyer, the ballistic barrister of Burbank, which is to say Carol Freaking Humiston, is really, really less than forthcoming with public records.2

One useful strategy for combating the kind of rabid knee-jerk obstructionism practiced by Carol Humiston’s zombie clients is to request records involving them from every possible agency that might have any. This may give access to the records more quickly.3 It’s also possible that this strategy will reveal interesting but hitherto unsuspected issues.

And that’s exactly what happened when I hit up UCLA for emails between their campus coppers and the WVBID. I threw in LAPD for good measure because LAPD is always interesting, and I got a small pile of emails, which you can find here on Archive.Org. Surprisingly, there were a bunch of emails between an old frenemy of this blog, Senior Lead Officer Julie Nony, a UCPD cop name of Kevin Kilgore, and a bunch of random undergraduate student government types.4

The short version is that Julie Nony was trying to get the students to host some blabbermouth jive known as Days of Dialogue and she was surprised that students were dragging their feet about it because everyone knows they’re a bunch of damn bomb throwing radical firebrands who would totally be interested in sitting down with some cops and having a conversation like this:

  1. Non-cops: Hey, we’re scared you’re going to kill us when we’re just walking to the corner to buy milk.
  2. Cops: I hear what you’re saying which is that you’re scared we’re going to kill you when you’re just walking to the corner to buy some milk.
  3. ????
  4. World Peace!!

Turn the page for the long version and transcriptions of the relevant emails.
Continue reading Senior Lead LAPD Officer Julie Nony Says LAPD Continues Along The Path To Peace Paved 60 Years Ago By Ghandi [sic] And MLK — Senior Lead LAPD Officer Julie Nony Is Surprised That UCLA Students Drag Feet With Respect To Hosting Cop Discussion Group Because “This Seems Unusual For A School That Usually Participates In Protests” — Evidently Senior Lead LAPD Officer Julie Nony Is Now Assigned To The “Community Relationship Division” Of The LAPD Trying To Head Off Riots Before They Begin — TLDR: Senior Lead LAPD Officer Julie Nony Is A Lizard-Loving Moron

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2016 Lawsuit Filed By LAPD Critic Patti Beers Against The City Of Los Angeles, Charlie Beck, And Assorted Other Cops, Has Settled In Its Entirety — However, The Terms Of The Settlement Are Not Yet Known

This is just the quickest of notes to announce that mere moments ago radical videographer Patti Beers, who sued the City and a bunch of cops in 2016 over their abuse of her during the 2014 protests about Michael Brown and Ferguson, MO, announced that she’d settled all her claims and the City’s going to pay her an as-yet-undisclosed amount of money, some of which will no doubt go to her attorney, the renowned and heroic Morgan Ricketts.

You can read some details in my earlier post on the suit and you can read the notice of settlement, just filed on PACER about ten minutes ago, right here. Note that this settlement leaves the ongoing associated class action suit known as Chua v. City of LA untouched as far as I can see. That one’s scheduled for trial in November 2018. This one’s over. Also, turn the page for a transcription of the notice of settlement.
Continue reading 2016 Lawsuit Filed By LAPD Critic Patti Beers Against The City Of Los Angeles, Charlie Beck, And Assorted Other Cops, Has Settled In Its Entirety — However, The Terms Of The Settlement Are Not Yet Known

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LAPD Critic Patti Beers Filed A Federal Suit Against City Of LA In November 2016 Also Arising Out Of LAPD Misconduct During 2014 Michael Brown Protests

You may recall that all-round heroine Jasmyne Cannick filed suit in federal court last December alleging that the LAPD and the City of LA had selectively prosecuted her for charges arising from 2014 protests about the Michael Brown situation in revenge for her outspoken criticism of the department. Well, it just recently came to my attention that Patti Beers, another well-known critic of the LAPD, who was also arrested and prosecuted1 under the same general circumstances, filed a suit against the City and various LAPD officials, at roughly the same time, in November 2016.

The suit alleges, among other things, that the LAPD has a policy of targeting critics and using selective arrests to punish them for their political activity. Even more interestingly, I think, is the allegation that the City Attorney, who is responsible for prosecuting misdemeanors committed in the City of LA, unduly defers to the LAPD’s wishes when deciding who to prosecute and when to exercise prosecutorial discretion in pursuing charges. These matters are interesting enough that I’m going to collect the paperwork in this case and occasionally report on developments. Here is the second amended complaint. You can also get to the documents via static storage, which you can also get to kind of from the menu structure. Read on for some excerpts if you don’t like PDFs.
Continue reading LAPD Critic Patti Beers Filed A Federal Suit Against City Of LA In November 2016 Also Arising Out Of LAPD Misconduct During 2014 Michael Brown Protests

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LAPD to Illegally Incarcerated Michael Brown Protesters: “Your [College] Degrees Don’t Matter Here.” “I Guess No Instagram Or Twitter Tonight.” “You Wanted To Play The Game — This Is How WE Play The Game.” Selection of Documents From Amha v. Los Angeles Available

Different protest, same shit.
Different protest, same shit.
I’m reporting on the progress of Chua v. Los Angeles (to the best of my legally limited ability) for this blog. The recently filed joint discovery plan in that case mentioned a number of other pending civil suits against the City of Los Angeles arising out of the same set of Michael Brown / Ferguson protests Downtown in 2014. One of these, Amha v. City of LA, caught my eye, so I downloaded a few of the briefs from PACER. I don’t have time to analyze these, but I’m putting them in a directory here, also available through the menu structure above to some extent. I’ll be updating it as new stuff is filed, and may write on it if the mood strikes me. Meanwhile, after the break, see some of the horrid stuff the LAPD did and said to this poor lady after arresting her when she was walking past a protest on her way home from the gym, as alleged in the initial complaint.
Continue reading LAPD to Illegally Incarcerated Michael Brown Protesters: “Your [College] Degrees Don’t Matter Here.” “I Guess No Instagram Or Twitter Tonight.” “You Wanted To Play The Game — This Is How WE Play The Game.” Selection of Documents From Amha v. Los Angeles Available

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Discovery Plan Filed in Chua v. Los Angeles, Lawsuit Arising From LAPD Misconduct During 2014 Michael Brown Protests

California-centralSee this article from the LA Times and our previous posts on the subject for the background to this post. All of the filings can be found here.

Tonight two new filings in this case hit PACER. First and most interesting there is this Joint Discovery Plan. It has statements of the case from both the plaintiffs and the defendant:

PLAINTIFFS:
This case involves the detention and arrests of individuals in November, 2014 during several days of protests related to the events in Ferguson, Missouri and the death of Michael Brown. The case is filed as a class action based on two incidents: one occurring at Beverly and Alvarado in which the sub-class was subject to detention, warrantless search and interrogation before being released by Defendants. The second incident involves a mass arrest at 6th and Hope in which Plaintiffs contend that they were not given adequate dispersal notice before being surrounded by the LAPD and arrested. The group at 6 th & Hope also contend that they were held in jail for approximately a day when they should have been cited and released pursuant to California Penal Code § 853.6. Both groups also allege that their privacy rights were violated by the collection of personal information and the storage and dissemination of that information by the LAPD and to other law enforcement entities.

Continue reading Discovery Plan Filed in Chua v. Los Angeles, Lawsuit Arising From LAPD Misconduct During 2014 Michael Brown Protests

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Documents Available as City of L.A., Charlie Beck Sued by Michael Brown Protesters, National Lawyers Guild, over November 2014 Rights Violations

April 2015 Death by Cop march in Westlake.  It's not what this lawsuit is about, but it's a good picture.
April 2015 Death by Cop march in Westlake. It’s not what this lawsuit is about, but it’s a good picture.
Yesterday night the Times reported that a suit was filed in federal court on January 14, 2016, on behalf of people, including NLG-LA lawyers there to observe, whose rights were violated by the LAPD in November 2014 during a protest against a Missouri grand jury’s failure to indict Darren Wilson for killing Michael Brown. For whatever reason, newspaper articles like this never link to the court filings, which I, and maybe even you, find fascinating. On the face of it this case has nothing to do with BIDs, although it’s conceivable that a connection will develop,1 but I’m going to collect filings here anyway since I’m going to read them myself, so I might as well distribute them. I don’t plan to write much on them, but who knows? I set up a page to display them. It’s also reachable through the menu structure above. Right now the initial complaint is there and is well worth your time. There are some selections after the break:
Continue reading Documents Available as City of L.A., Charlie Beck Sued by Michael Brown Protesters, National Lawyers Guild, over November 2014 Rights Violations

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