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Civil Rights
False Imprisonment
Unlawful Detention

Joanne Lewis v. United States, et al.

Published: Apr. 30, 2016 | Result Date: Apr. 7, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 3:15-cv-02319-CAB-JLB Settlement –  $950,000

Court

USDC Southern District of California


Attorneys

Plaintiff

Timothy A. Scott
(McKenzie Scott PC)


Defendant

Patrick L. Hurley
(Office of Contra Costa County Counsel)

Sharon L. Anderson
(Office of County Counsel)


Facts

Joanne Lewis sued the federal government, the County of Contra Costa, and other defendants, in connection with her arrest based on mistaken identity.

Contentions

PLAINTIFF'S CONTENTIONS:
U.S. Customs and Border Protection officers allegedly arrested plaintiff on an outstanding, 16-year-old warrant for a "Joanne Lewis," which plaintiff claimed was not her. The person named in the warrant was an African-American woman that stood 5'8" and weighed 150 pounds. The person also lived in Contra Costa County. However, plaintiff's birthday was one year before that of her namesake. Nevertheless, the officers arrested plaintiff and sexually assaulted her by subjecting her to illegal body-cavity searches. Defendants held her in custody despite the discrepancies in the warrant and booked her on that person's warrant.

Plaintiff asserted 17 causes of action against defendants, including a Bivens action, Federal Tort Claims Act for false imprisonment against the United States, Administrative Procedures Act claim for injunctive relief regarding CBP policies and procedures for executing a warrant against the United States. Plaintiff also asserted claims for Bane Act violation, Section 52.1, via the FTCA, for body cavity search in violation of California law against the United States, Section 1983 / Fourth Amendment claim for illegal arrest at Los Colinas Detention Facility against Doe San Diego County Sheriff's Deputies. Plaintiff also claimed unconstitutional customs, policies or practices (Monell, 42 U.S.C. Section 1983) for unlawful practices and procedures in executing warrants, and unconstitutional failure to train and/or supervise (Monell, Section 1983) regarding practices and procedures in executing warrants against the San Diego County Sheriff's Dept.

Plaintiff also claimed unconstitutional failure to train and/or supervise (Monell, Section 1983) regarding practices and procedures in drafting, issuing, and executing warrants against the Contra Costa County Sheriff's Dept.

DEFENDANTS' CONTENTIONS:
The county denied the allegations and asserted various affirmative defenses.

Result

Lewis reached a $450,000 settlement with the Contra Costa County defendants. Plaintiff also received a $500,000 settlement from the United States. The total settlement to date is $950,000 between both parties.


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