Karim Christian Kamal v. Joseph A. Farrow, indvididual capacity; Dustin Sherman, individual capacity; I J Tillman, individual; Jose E. Haro, individual; Gurwinder Rakkar, individual; Jose Garcia; Rebecca Lynch
Published: Mar. 20, 2020 | Result Date: Dec. 23, 2019 |Case number: 2:17-cv-01986-RGK-DFM Bench Decision – Dismissal
Facts
On April 17, 2011, Karim Kamal was involved in a motorcycle collision with another vehicle on Big Tujunga Canyon Road in the Angeles National Forest. The road is allegedly owned by the United States, managed by the County of Los Angeles, and within California Highway Patrol jurisdiction. Forest Rangers found Kamal and the other victim and phoned the county to have them airlifted to the nearest hospital. Kamal brought a civil rights suit against multiple defendants, including County, Craig Cline, Arnel Dulay, and Gail Farber under 42 U.S.C. Sec. 1983 for allegedly violating the Racketeer Influenced and Corrupt Organizations Act and the Americans with Disabilities Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the county spread unfounded rumors in influential circles that plaintiff was mentally ill. Plaintiff contended that the paramedics largely ignored his injuries and repeatedly told him to keep quiet while waiting to be evacuated. Plaintiff contended further that the County of Los Angeles withheld records of communications between plaintiff and first responders. Plaintiff also contended that defendants collectively and intentionally schemed to obstruct the accident investigation and wrote out a false and deliberately incomplete collision report after failing to obtain a statement from him.
DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff's state-law fraud, conspiracy to commit fraud, and conspiracy to violate civil rights causes of action arise from free-speech activities and are subject to anti-SLAPP. Defendants also contended that plaintiff's case should be dismissed because of the risk of prejudice to defendants from plaintiff's failure to prosecute.
Defendants filed a special motion to strike under California's anti-SLAPP statute.
Injuries
Plaintiff suffered physical injuries.
Result
The court denied defendants' anti-SLAPP special motion to strike.
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