Allen Bernard Shay v. County of Los Angeles, Deputy Christopher Derry
Published: Feb. 14, 2020 | Result Date: Nov. 20, 2019 | Filing Date: Jun. 17, 2015 |Case number: 2:15-cv-04607-CAS-RAO Verdict – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
John C. Burton
(The Law Office of John C. Burton)
Matt Sahak
(Kabateck LLP )
Defendant
Rickey Ivie
(Ivie, McNeill, Wyatt, Purcell & Diggs, APLC)
Antonio K. Kizzie
(Ivie, McNeill, Wyatt, Purcell, Diggs, APLC)
Jack F. Altura
(Troutman, Pepper, Hamilton & Sanders LLP)
Facts
On June 17, 2015, plaintiff Allan Bernard Shay filed suit against defendants County of Los Angeles, Los Angeles County Sheriff's Department, Detective Christopher Derry, and Does 1-50 alleging that he was unlawfully arrested. Plaintiff alleged that Deputy Derry violated his rights under the Fourth and Fourteenth Amendments by filing a false and misleading warrant application, lacking probable cause to file an arrest application, arresting plaintiff without probable cause during an investigation for financial crimes, defaming plaintiff in a press release, unlawfully prolonging plaintiff's incarceration, malicious prosecution and racial discrimination.
The district court granted summary judgment and qualified immunity against all claims. The Ninth Circuit affirmed on all claims with the exception of the Eight and Fourteenth Amendment claim of allegedly prolonging plaintiff's incarceration and remanded to the district court.
Contentions
PLAINTIFF'S CONTENTIONS: Shay claimed that Detective Derry submitted a bail hold declaration in support of a DA's bail hold motion and therefore deprived Shay of bail. He claimed that this caused him to spend eleven days in jail in violation of his Eighth and Fourteenth Amendment rights.
DEFENDANTS' CONTENTIONS: Defendants contended that Derry had probable cause to believe that Shay had access to feloniously obtained money that could be used to post bail, and appropriately executed a bail hold declaration in support of the DA's Penal Code Section 1275.1 bail hold motion.
Result
The jury returned a verdict in favor of defendants. The jury found that Shay failed to establish by a preponderance of the evidence that Derry executed a bail-hold declaration with deliberate indifference or reckless disregard for Shay's rights or the truth, so Shay's claim failed.
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