Month: November 2015

On October 29, 2015, the Honorable Brian C. Yep granted summary judgment in favor of the Lancaster School District, in an action entitled Byers v. Lancaster School District, Case No. BC529202, involving allegations that a dangerous condition of public property existed in front of Miller Elementary School, in Lancaster, California.

In this civil action, plaintiffs alleged that the physical placement of a crosswalk in front of the school constituted a dangerous condition of public property, as a result of an incident of first impression in which an elementary school girl was struck by a reckless motorist, who was since convicted. The Court also granted summary judgment in favor of the City of Lancaster.

The Lancaster School District was represented by Justin Reade Sarno, Esq., and Martin L. Carpenter, Esq.

On October 28, 2015, the Honorable John F. Walter, federal judge for the Central District of California, granted summary judgment in a federal civil rights case in favor of the City of Culver City, entitled Avina v. Casey, Case No. CV 15-1362-JFW (AJWx).

The incident giving rise to this civil action involved a stop, detention, and frisk of an individual on a bike in the the City of Culver City, following the officers’ observations that the suspect was in violation of the Vehicle Code, for riding his bike on a sidewalk and for having an inoperative rear reflector. Plaintiff was a member of the California state bar, and the encounter with the CCPD lasted approximately 15 minutes. Plaintiff thereafter sued the City of Culver City, alleging a violation of the Bane Civil Rights Act, violation of 42 U.S.C. section 1983, and assault and battery.

The City of Culver City, and Officer Robert M. Casey and Officer Geronimo Lopez were represented by Evelina Gentry, Esq. and Steven J. Rothans, Esq.