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A judge on Wednesday dismissed civil rights claims that are part of a lawsuit by several members of Black Lives Matter against former Los Angeles County District Attorney Jackie Lacey and her husband.
David Lacey pointed a gun at his front door after members of the group showed up at the Granada Hills couples home in the early morning of March 2, 2020. Melina Abdullah, Dahlia Ferlito and Justin Marks filed a lawsuit against the former county attorney general. and her husband on October 19, also alleging assault, false imprisonment, the intentional imposition of emotional distress and neglect.
Los Angeles Superior Court Judge Theresa M. Traber issued an interim ruling on Tuesday, heard arguments Wednesday morning, and then made a final ruling on the latest defense challenge to the case. Despite the allegations of civil rights violations, the case will continue on other causes of action.
In his final ruling on the civil rights claim, Traber said the plaintiffs had not shown in their current or previous arguments how they were legally allowed to visit the Laceys property to express their point of view.
The plaintiffs did not cite any authority for the proposition that their free speech rights are protected from private owners when in their private residence, Traber wrote. The plaintiffs had several opportunities to attempt to modify this cause of action to formulate a claim and were unsuccessful in doing so.
The judge also dismissed the complaint against Jackie Lacey for assault, but not the one for forcible confinement. Not included in the motion were the negligence claims faced by Laceys and the causes of action for assault and intentional imposition of emotional distress on David Lacey.
Jackie Laceys’ lawyer Mira Hashmall argued that the false imprisonment allegation against her client was not supported by the evidence.
She didn’t claim to have done anything, Hashmall told Traber.
The judge said she is keeping the cause of action in the case for now, but may be subject to review in a future motion to dismiss.
On March 23, the judge dismissed a defense motion to dismiss all claims against the Laceys. On Wednesday, she set the trial of the case for July 25, 2022.
Abdullah is a professor and former chair of the Pan-African Studies Department at Cal State Los Angeles and co-founder of the Los Angeles Chapter of Black Lives Matter. She and other BLM protesters came to the Laceys’ home to confront the prosecutor for refusing to meet with them to discuss issues of community interest.
Lacey had been criticized by activists for refusing to prosecute law enforcement officers involved in fatal shootings on duty during her two terms.
David Lacey opened the door after plaintiffs rang the bell and video footage showed him pointing a gun and saying he would shoot if visitors didn’t come out of his porch.
Complainants believe Jackie Lacey aided and abetted (David) Lacey’s decision to cock, load and then point the handgun directly at Dr Abdullah’s chest and at the bodies of Ms Ferlitos and Mr Marks , indicates the pursuit. The complainants were unarmed and had done nothing to justify this use of lethal force against them.
The meeting took place a day before Lacey, the first woman and the first black prosecutor to hold the most senior post since the office was established in 1850, was forced into a run-off with the former San County District Attorney. Francisco, George Gascn, who was finally elected.
Lacey then apologized on behalf of herself and her husband, but pointed out that she had been the target of repeated threats during her tenure, including death threats, and said her husband had acted out of fear when the commotion started outside their home at 5.30am.
In her concession speech, the county supreme attorney thanked her family and paid tribute to her husband, whom she called her hero, saying he stood by my side and was ready to put his own life in danger. to protect me.
David Lacey was indicted last August by the California attorney general’s office with three counts of assault with a firearm. Last month, San Fernando Judge David W. Stuart allowed Lacey to enroll in a diversion program to resolve the case, noting that he was a 67-year-old man who led an otherwise exemplary and productive. The judge also noted that there was a politically charged situation which is unlikely to recur.
Lacey was ordered to complete 100 hours of community service, complete 13 anger management courses, complete a gun safety course, and not own any firearms during the 18 month diversion. .
Judge Throws Civil Rights Infringement Allegations in Lawsuit Against Laceys was last modified: Jun 23, 2021 by Contributing Editor
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