Haddad & Sherwin LLP

Smith v. Agdeppa et. al.

Submitted by Jane Clayton on Tue, 09/26/2023 - 15:09

The issue on appeal in Smith v. Agdeppa et. al. is whether the duty to provide a warning before using deadly force was clearly established in the 9th Circuit. This brief discusses the flawed foundations of Qualified Immunity in relation to this question.

Slusher v. City and County of Napa

Submitted by Re'Neisha Stevenson on Tue, 09/20/2022 - 07:09

3 y.o. girl, survived by her father (addicted to meth and incarcerated when she died) and grandparents, killed by her mother and mother’s boyfriend, who were convicted of her torture and murder. Napa Police and County CPS social workers failed to obey their mandatory duties to investigate and report multiple reports of child abuse and neglect, in violation of state CANRA law. Federal court due process claims had been dismissed and were on appeal; state court negligence claims pending in Napa County Superior Court.

Luong v. Alameda County

Submitted by Re'Neisha Stevenson on Tue, 09/20/2022 - 06:52

56 y.o.mentally ill man, eventually found incompetent to stand trial, was not provided adequate psychiatric care in jail while awaiting admission to State Hospital, and after repeated injuries from being bullied by other inmates, was housed with a dangerous cellmate who beat him to death; survived by wife, son, and mother.

Petrov v. Alameda County

Submitted by Re'Neisha Stevenson on Tue, 09/20/2022 - 06:12

Video-recorded beating of 28 y.o. meth. addicted man, with multiple arrests for drug sales, who was captured by deputies after high speed pursuit over the Bay Bridge. Deputies beat Plaintiff with batons for minutes. Two deputies were fired and criminally charged with felonies. Plaintiff sustained multiple crushing hand fractures, concussion, and scalp lacerations from multiple head strikes by deputies’ batons. Plaintiff faced unrelated federal charges at time of settlement.

Harmon v. City of Santa Clara

Submitted by Re'Neisha Stevenson on Fri, 09/16/2022 - 13:03

Police severely fractured ankle of 34 y.o. mother, on video, while unlawfully forcing entry to her home; plaintiff required three surgeries and developed Complex Regional Pain Syndrome (CRPS),causing constant pain, weakness, loss of mobility, and likely permanent disability.

M.H. v. County of Alameda, et al

Submitted by Jane Clayton on Fri, 09/16/2022 - 11:14

Death in jail of 50-year-old, unemployed, alcoholic man, survived by four adult children. Non-economic damages only. Defendant Corizon Health, Inc., was deliberately indifferent to inmate’s medical needs by failing to place him on alcohol detox protocols and allowing him to go into severe alcohol withdrawal; then when inmate was hallucinating with Delirium Tremens, 10 deputies beat and Tased him to death.