Taylor M., James M. v. The Glendale Unified School District, Linda Evans, Mike Livingston, John Pehar, Phil Torres, The Los Angeles County Sheriff's Department, Patrick Murphy, Glen Marcus, Allen Thomas
Published: Dec. 22, 2007 | Result Date: Jul. 23, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05-CV-02895-CAS-FMO Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Defendant
Tina I. Mangarpan
(Ford, Walker, Haggerty & Behar LLP)
Joseph W. Cheung
(McCune & Harber LLP)
Barbara Alison Stevens
(Office of the Hawthorne City Attorney)
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Nohemi G. Ferguson
(Gutierrez, Preciado & House LLP)
Dana J. McCune
(McCune & Harber LLP)
Facts
John Pehar, a teacher at Crescentia Valley High School filed a police report alleging that unidentified teenagers had thrown eggs at his house. He initially stated that there was no damage, but later discovered damage to his home after cutting down a bush in his yard. The Los Angeles Sheriff's Department investigated the vandalism report. Later, Taylor M. admitted that he had been present and had participated in the "egging" of Pehar's house. Taylor was then suspended from school and the baseball team. He was also served with a citation from the Informal Juvenile and Traffic Court of the Los Angeles Superior Court for vandalism.
At the criminal trial, Pehar presented a damage estimate of $6,800 for new stucco for his house. The court denied Taylor's motions to suppress Taylor's admission. When the matter continued into the next school year, Phil Torres, the Crescentia Valley High School baseball coach told Taylor he could not try out for the school baseball team. The parties settled for $2,100 and a release of Pehar from liability. Later, Taylor and his father filed suit against the Glendale Unified School District, Pehar, Torres, the Sheriff's Department, Detective Patrick Murphy, Deputy and School Resource Officer Glen Marcus, and the school district's counsel, Allen Thomas.
Contentions
PLAINTIFFS' CONTENTIONS:
According to the plaintiffs, Murphy had authorized Marcus to investigate Pehar's vandalism report. Marcus then launched a sham investigation at the high school, with the school district's cooperation. The vandalism was never properly investigated, in violation of Sheriff's Department policies, as part of a conspiracy with school district and court to maliciously prosecute Taylor. Marcus seized Taylor from class, and took Taylor to the campus sheriff's department office. Marcus then proceeded to question Taylor without informing Taylor of his Miranda rights. Taylor was told that he would not be prosecuted if he admitted his involvement in the "egging." Taylor then admitted he had participated in the "egging."
Marcus told the high school's principals, violating the confidentiality of the investigation, and all the participants in the egging were then called into the principals' office to give written statements. These statements were later provided to Marcus and used against Taylor at trial. Plaintiffs claimed that the school had retaliated against Taylor for "standing up for his rights," and that Thomas and the court referee had pressured them into settling. They alleged violation of Taylor's substantive and procedural due process rights, conspiracy, malicious abuse of process, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and other violations of the state constitution.
DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiffs' claims were frivolous and without merit because there was no evidence of a constitutional violation or conspiracy. The defendants further alleged that the plaintiffs' claims were barred pursuant to Heck v. Humphrey and the Rooker-Feldman doctrine. The defendants argued that the doctrines of collateral estoppel and qualified immunity also applied. Finally, the defendants contended that there was insufficient evidence to support municipal liability pursuant to Monell.
Damages
The plaintiffs asserted emotional distress.
Injuries
The plaintiffs sought declaratory relief and to enjoin the enforcement of the Informal Juvenile and Traffic Court's findings. The plaintiffs also requested punitive damages.
Result
The defendants' motion for summary judgment was granted, but their motion to recover attorney fees was denied.
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