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Civil Rights
Prisoners' Rights
Writ of Habeas Corpus

Anthony Louis Gallo Jr. v. Miller, et al.

Published: Oct. 2, 2020 | Result Date: Aug. 17, 2020 | Filing Date: Jan. 2, 2018 |

Case number: 2:18-cv-00088-JLS-RAO Settlement –  $80,000

Judge

Josephine L. Staton

Court

CD CA


Attorneys

Plaintiff

Marc S. Colen
(The Law Firm of Marc Steven Colen)


Defendant

Timothy J. Kral
(Office of the Los Angeles County Counsel)


Facts

While being transferred from North County Correctional Facility to the Men's Central Jail of Los Angeles County, plaintiff Anthony Louis Gallo, Jr. told deputy officers that he had defected from the La Puente street gang, was a "southside dropout," and that members of the La Puente street gang that were housed in the jail were attempting to kill him. Plaintiff informed deputy officers that he was housed in the North County protective custody unit and specifically requested to be placed in the Men's Central Jail protective custody unit. Defendant Deputy Stephan Christopher de-classified plaintiff from a protective custody inmate to a general population inmate. Four days later, plaintiff was assaulted and battered by a La Puente street gang member. Plaintiff sued defendant the County of Los Angeles for violations of his Eighth Amendment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant caused plaintiff to be incarcerated under conditions that posed a substantial risk of serious harm to plaintiff. Plaintiff also contended that defendants were indifferent to plaintiff's request for protective custody which caused plaintiff to be assaulted and battered resulting in plaintiff's injuries.

DEFENDANTS' CONTENTIONS: Defendant denied the contentions.

Result

The parties agreed to settle the case for $80,000 inclusive of attorney's fees of $48,692 and costs of $6,522.


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