This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Fourth Amendment
Interference Familial Relations

Sebastian Xoss, Mirsha Lopez v. County of Los Angeles, Marianela Inchausti, Delmy Mendoza, Aruna Patel, Ana Holguin, Christopher Sosa, Alesia Campbell, Michael Newman, and Does 1 through 10, inclusive

Published: Mar. 21, 2015 | Result Date: Feb. 3, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-01400-PSG-RZ Settlement –  $800,000

Court

USDC Central


Attorneys

Plaintiff

Brett O. Terry

Robert R. Powell
(Powell & Associates)

Dennis R. Ingols
(Law Office of Dennis R. Ingols)


Defendant

Mark E. Lowary
(Berman, Berman, Berman, Schneider & Lowary LLP)

Howard G. Smith
(Law Offices of Howard G. Smith)

Clayton C. Averbuck

Jennifer E. Gysler
(Monroy, Averbuck & Gysler)

Spencer A. Schneider
(Berman, Berman, Berman, Schneider & Lowary)


Facts

Sebastian Xoss and Mirsha Lopez sued the County of Los Angeles, Marianela Inchausti, Delmy Mendoza, Aruna Patel, Ana Holguin, Christopher Sosa, Alesia Campbell, Michael Newman, and [REDACTED] in connection with the allegedly wrongful removal of plaintiff's minor children, Am.L and Ae.L.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff's children were home schooled and were not immunized because plaintiffs did not approve of it due to personal and religious beliefs. On Feb. 10, 2011, plaintiff Xoss alleged that, while the children were doing their homework defendant Newman knocked on their door announcing, "Warrant, sheriff." Newman was not wearing his uniform. Xoss let Newman in who then informed Xoss that he was there to investigate abuse allegations. Newman questioned him about the children's immunization, the lack of milk, plaintiffs' religious beliefs, and sexual abuse allegations. Lopez arrived about 30 minutes later, where Newman then proceeded to ask her about the children's immunization, and made faces to her explanations. Newman then proceeded to search their room, car, and even locked containers without plaintiffs' consent. At one point, Newman made Xoss open a locked container containing his prescription medication, including those for seizures. Believing he had no choice, Xoss complied and opened the container. Newman insinuated that plaintiffs were thieves for failing to provide documentation for the computers and other belongings. Xoss then began experiencing seizures, but Newman and Doe 1 refused to provide him with his medication and accused Xoss of "doctor shopping" and of being a drug addict. Plaintiff Lopez attempted to take the children out to go out, but Newman did not allow them to leave. Plaintiffs did not want to proceed with any more questioning without a lawyer, but Newman, Doe 1, and defendant Mendoza proceeded to question the children without plaintiffs' consent. Defendants also took pictures of their room without plaintiffs' consent. In the end, defendants removed the children from plaintiffs' custody.

Between the removal and the first court hearing on Feb. 15, plaintiffs were not allowed any contact or visitation with the children. Plaintiffs alleged that the dependency petition contained false allegations and defendants lied and misled the court during the detention hearing. As such, plaintiffs sued defendants asserting causes of action for unlawful entry and unlawful search in violation of the Fourth Amendment, unlawful seizure by interrogation in violation of the Fourth and Fourteenth Amendments, unlawful removal of the children in violation of the Fourth Amendment, unlawful seizure of the children in violation of the Fourth Amendment, interference with familial relations, continued detention, presentation of false evidence, and unauthorized medical procedures in violation of the Fourteenth Amendment, unauthorized medical procedures/battery in violation of the First and Fourth Amendments, intentional infliction of emotional distress, malicious prosecution, and liability under Monell for entry, search, removal, continued detention and medical procedures.

DEFENDANTS' CONTENTIONS:
Defendants denied any wrongdoing and asserted immunity as a defense.

Result

The county agreed to settle for $800,000, while [REDACTED] settled for $50,000, with a total recovery of $850,000 in settlement.


#118763

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390