V. James Desimone

Marina del Rey • Labor & Employment and Civil Rights

V. James DeSimone's work has spanned a spectrum of cases, including labor and employment and civil rights wrongful death suits related to excessive use of force by law enforcement.

DeSimone challenged a district court's decision granting qualified immunity to Los Angeles Police Department officers involved in the 2020 death of Daniel Rivera. Rivera, 37, died when several officers applied force after finding him in a semiconscious position, lying face down at the bottom of a wash.

In June, DeSimone argued at a federal appellate hearing. The 9th Circuit Court of Appeals reversed the decision, allowing the case to proceed.

"Qualified immunity is one of the greatest challenges in seeking justice for men and women who die or suffer grievously at the hands of police officers in wrongful death or excessive force cases," DeSimone said. "Perhaps officers believe this will always shield them from consequences when they use combat-style methods on people who often are suffering nonviolent mental health crises or who have already surrendered."

In a separate matter, DeSimone secured $500,000 in punitive damages for the children of Maria Lopez, a top salesperson fired for having cancer, demonstrating his dedication to seeking justice for victims of employment law violations. Lopez v. CIA Wheel, BC545112 (L.A. Sup. Ct., filed April 22, 2019).

"Although Lopez died and her children could not recover noneconomic damages, we took over the case, representing Lopez's three children as court-appointment plaintiffs, and secured $500,000 in punitive damages, more than 30 times the economic damages she suffered," DeSimone said. "This was a multiplier not seen in the California Court of Appeal in more than 40 years but, once again, we prevailed in trial and on appeal."

DeSimone is actively involved in advocacy and educational initiatives. He played a role in shaping legislation aimed at improving state civil rights laws following the 2020 police accountability movements. He serves as a mentor and instructor, volunteering his time to teach civil rights law at various institutions and conferences. He will be a featured speaker at several conferences in the fall of 2023.

He also frequently provides expert commentary in media outlets like Newsweek, Fox News and the Los Angeles Times.

His numerous speaking engagements include being a panelist on prosecuting race discrimination cases for the Alameda Bar Association, speaking on litigating employment disability cases and participating in webinars and conferences related to civil rights and employment law.