Evans v. Cnty. of L. A.

• Decision Date: 29 March 2021
• Docket Number: 2:20-cv-02504-FLA (ASx)
• Citation: 529 F.Supp.3d 1082
• Parties: Dominique EVANS, et al. v. COUNTY OF LOS ANGELES, et al.
• Court: U.S. District Court — Central District of California

529 F.Supp.3d 1082

Dominique EVANS, et al.

v.COUNTY OF LOS ANGELES, et al.

2:20-cv-02504-FLA (ASx)

United States District Court, C.D. California.

Filed March 29, 2021

Alexander J. Petale, Law Offices of Alexander J. Petale, Los Angeles, CA, Charles K. Kilgore, Law Office Charles K. Kilgore, Beverly Hills, CA, for Dominique Evans, Darryl Johnson.

Dennis Michael Gonzales, Paul B. Beach, Raymond W. Sakai, Lawrence Beach Allen and Choi PC, Glendale, CA, Emily B. Suhr, Carpenter Rothans and Dumont LLP, Los Angeles, CA, for County of Los Angeles, Mike Rodriguez, Mark Lillienfeld.

Arnold F. Lee, Office of the Pasadena City Attorney, Pasadena, CA, for Dana Orent, City of Pasadena.

Proceeding: RULING GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT [DKTS. 28, 30]

FERNANDO L. AENLLE-ROCHA, UNITED STATES DISTRICT JUDGE

Ruling

Before the court are two Motions for Summary Judgment. The first was filed by the City of Pasadena and Dana Orent (the "City Defendants") on December 3, 2020. Dkt. 28. The second was filed by the County of Los Angeles, Mark Lillienfeld, and Michael Rodriguez (the "County Defendants") on December 4, 2020.¹ Dkt. 30. Plaintiffs oppose the Motions.² Dkt. 70 ("Opp."). The court held a hearing with the parties on March 12, 2021.

For the reasons below, the court GRANTS Defendants’ Motions for Summary Judgment in their entirety.

Evidentiary Objections

In moving for, or opposing, a summary judgment motion, "[a] party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence." Fed. R. Civ. P. 56(c)(2).

The parties advance hundreds of objections to the evidence submitted by their counterparts in connection with the Motions for Summary Judgment. See Dkts. 64-1, 65-2, 69. Many of the objections are boilerplate evidentiary objections based on irrelevance, lack of foundation, and hearsay. While these objections may be cognizable at trial, on a motion for summary judgment, the court is concerned only with the admissibility of the relevant facts at trial, and not the form of these facts as presented in the motions. See Fed. R. Civ. P. 56(c)(2) advisory committee's note to 2010 amendment ("Subdivision (c)(2) provides that a party may object that material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. The objection functions much as an objection at trial, adjusted for the pretrial setting."); Fraser v. Goodale , 342 F.3d 1032, 1036-37 (9th Cir. 2003) ("At the summary judgment stage, we do not focus on the admissibility of the evidence's form. We instead focus on the admissibility of its contents."); Block v. City of L.A. , 253 F.3d 410, 418-19 (9th Cir. 2001) ("To survive summary judgment, a party does not necessarily have to produce evidence in a form that would be admissible at trial, as long as the party satisfies the requirements of Federal Rule of Civil Procedure 56.").

Thus, to the extent the court relies upon evidence to which the parties object, the objections are OVERRULED. To the extent the court does not, the objections are DENIED as moot.

Background

Defendants removed this action from the Los Angeles Superior Court on March 16, 2020. Dkt. 1. The operative pleading is Plaintiff's Second Amended Complaint ("SAC"). Dkt. 1-2. The SAC states four claims against Defendants for: (1) false imprisonment; (2) violation of Cal. Civ. Code § 52.1 ("the Bane Act"); (3) violation of 42 U.S.C. § 1983 – equal protection; and (4) violation of 42 U.S.C. § 1985(3) – equal protection. In short, the SAC alleges Defendants Orent, Lillienfeld, and Rodriguez, working as detectives for Los Angeles County and the City of Pasadena, intentionally caused various witnesses to give false statements that led to the arrests of Plaintiffs for murder. See generally Dkt. 1-1 (SAC). Plaintiffs were acquitted of the murder at trial after spending approximately four years incarcerated. SAC ¶ 38.

The court notes Plaintiffs’ opposition papers often lack proper citations, and Plaintiffs fail to meet their obligation to present disputed facts to the court clearly. See Carmen v. S.F. Unified Sch. Dist. , 237 F.3d 1026, 1030 (9th Cir. 2001) ("It is absurdly difficult for a judge to perform a search, unassisted by counsel, through the entire record, to look for ... evidence [the lawyer wants the judge to read]."). The court attempts to collect the relevant undisputed facts,³ based on the evidence viewed in the light most favorable to Plaintiffs, as the non-moving parties. See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A. Events the Night of Johnis Jackson's Murder

In 1997, Plaintiffs Dominique Evans ("Evans") and Darryl Johnson ("Johnson") were dating. City Defendants’ Statement of Undisputed Facts ("City SUF"), Dkt. 33-2 ¶ 9.⁴ On Friday, June 20, 1997, Evans, Gina Riley ("Riley"), Devan Howard ("Howard"), and Johnis Jackson ("Jackson") attended a party in Loma Alta Park in Altadena. Id. ¶¶ 1, 3-4, 15. The party was attended by members of the Crips gang. Id. ¶ 24. Jackson and Howard were members of the Crips and wearing clothing that identified themselves as such. Id. ¶¶ 14, 23. At the Loma Alta Park party, Evans played music from her car's stereo. Id. ¶ 28. After drinking alcohol and smoking marijuana, she discovered some of her and Johnson's CDs were missing from her car. Id. ¶¶ 26-27, 29. Evans became "livid" and "upset," and screamed derogatory names at the partygoers until a male partygoer slapped her across the face. Id. ¶¶ 30-32. Evans then left the party with friends. Id. ¶ 34.

Shortly after, Jackson and Howard also left the park, catching a ride back to La Venezia Court in Altadena. Id. ¶ 35. They began to walk west from La Venezia Court on Calaveras Street, and then north on Fair Oaks Avenue. Id. ¶ 36. At approximately 3:25 a.m. on June 21, 1997, Jackson was fatally shot in the back. Id. ¶ 41. Howard later testified at trial that he saw Evans drive by in her car, just before they were attacked by rapid gunfire. Id. ¶¶ 37-38. Howard did not see the shooter because it was dark. Id. ¶ 40. As Jackson fell, he tossed a gun to Howard. Id. ¶ 43. Howard ran to a nearby house where he asked the occupant to call 9-1-1. Id. ¶ 44.

Los Angeles County Sheriff's Department ("LASD") homicide Detectives Diane Harris and Dirk Edmondson were assigned to investigate Jackson's murder. Id. ¶ 47. Approximately two hours after the shooting, they found sixteen expended .40 caliber shell casings at the murder scene and determined the murder weapon was either a .40 caliber Glock or Smith & Wesson Sigma. Id. ¶¶ 49-50.

B. The Anonymous Tipster⁵

On June 22, 1997, the day after Jackson's murder, an anonymous female tipster called LASD and relayed the following to police: the tipster had been at the Loma Alta Park party, where she heard Evans "arguing and cussing about a CD." City SUF ¶¶ 51, 54. Evans left the park around 3 a.m. after someone slapped her. Id. ¶¶ 56-58. Shortly thereafter, the police arrived at the park to break up the party, and the tipster ran from the park and hid. Id. ¶¶ 59-60. While hiding, the tipster saw Evans drive by in a car on Palm Street. Id. ¶ 61. There appeared to be people ducking within Evans’ car. Id. ¶ 62. The tipster believed Evans was bringing two men in the Bloods gang⁶ to shoot up the park in retaliation for Evans being slapped, and that Evans dropped off Jackson's shooter, who approached Jackson and Howard from behind on foot. Id. ¶¶ 63-66. Specifically, the tipster believed Evans dropped off the shooter at "a burger stand."⁷ Id. ¶ 65.

The tipster provided the police with a physical description and photograph of Evans. Id. ¶¶ 73, 76.

C. Police Investigation 1997-1998

The detectives interviewed Plaintiffs and the following witnesses in 1997:

• On July 1, 1997, LASD Detective Harris interviewed Jackson's mother, who stated she heard the people involved in her son's death were "Dominique" and "Darryl," as well as two other men. City SUF ¶¶ 80-81.

• On July 11, 1997, LASD Detectives Harris and Edmondson interviewed Evans and Johnson separately. Id. ¶ 90. Evans stated she became angry and yelled during the party at Loma Alta Park because someone stole her CDs. Id. ¶¶ 91-92. She also told the detectives a man named "3-D" had slapped her, which prompted her to leave the party and drive to Palmdale after dropping off her friends. Id. ¶¶ 93-96. Both Evans and Johnson stated Johnson had been home in Palmdale that night watching their children. Id. ¶¶ 97, 99.

• On July 22, 1997, LASD Detectives Harris and John Brown interviewed Desean Holmes ("Holmes"), who stated he was not present at the park or when the murder took place, but had heard that a Crip member named 3-D had slapped Evans, and Johnson shot Jackson in retaliation. Id. ¶¶ 102, 104-07. Holmes told the detectives he heard Jackson had a gun on him when he was shot, and his friend took the gun and ran away. Id. ¶¶ 108-110. Holmes also stated that approximately a couple months prior, he saw Eric Thomas ("Thomas") give Johnson a .40 caliber Glock handgun. Id. ¶ 111. According to Plaintiffs, Holmes also told Detective Harris he had heard rumors from others that he, himself, was responsible for the Jackson murder. PSS ¶ 108.

• On November 19, 1997, LASD Detective Harris interviewed Riley, who stated she was at Loma Alta Park with Evans the night Jackson died. City SUF ¶¶ 121-23. Riley said after Evans was slapped, they left the park, and Evans dropped her off at her home approximately three miles from the park around 2:30 or 3:00 a.m. Id. ¶¶ 124-28.

Pasadena Police Department detectives found .40 caliber rounds in Johnson's home on October 24, 1997 after serving a search warrant in an unrelated case. Id. ¶¶ 115, 120. City Defendant Orent had invited LASD Detectives Harris and Edmondson to observe the search because he knew they considered Johnson a possible suspect in Jackson's murder. Id. ¶ 117.

In April 1998, Defendant Orent informed...