Summary Judgment Granted in Federal Civil Rights Action

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.