Chaudhry, et al v. City of Los Angeles

May 20, 2014 by Justia

Mohammad Usman Chaudhry's family and three organizational plaintiffs filed suit after Usman was shot and killed by an LAPD officer. The Coroner took custody of his body but did not notify his family until twenty-one days later and the delay prevented Usman's family from burying him in accordance with the religions customs of Islam. On appeal, plaintiffs challenged most of the district court's orders granting defendants' motions to dismiss and for summary judgment. The City and the officer cross-appealed. The court concluded that plaintiffs waived claims against some defendants by not addressing them in their opening brief. The court held that California's prohibition against pre-death pain and suffering damages limits recovery too severely to be consistent with 42 U.S.C. 1983's deterrence policy; thus, California's survival statute, Cal. Civ. Proc. Code 377.34 does not apply to section 1983 claims where the decedent's death was caused by the violation of federal law; and therefore, the court reversed the district court's finding that section 377.34 is not inconsistent with section 1983 and the district court's striking of the jury's $1,000,000 verdict in favor of the Estate. The court remanded to the district court to consider in the first instance a motion for remittitur. The district court erred in dismissing the Estate's Cal. Civ. Code 52.1 claim and in denying its post-trial motion to amend the judgment where the City conceded that a successful claim for excessive force under the Fourth Amendment provides the basis for a successful claim under section 52.1. The court reversed and remanded with instructions to amend the judgment to reflect the Estate's success on that claim. The court reversed the district court's dismissal of Usman's parent's section 1983 claim against the officer for violating their Fourteenth Amendment right to substantive due process. The court concluded that the court's decision recognizes that parents have a liberty interest in the companionship of their adult children and have a cause of action under the Fourteenth Amendment when the police kill an adult child without legal justification. The court reversed the district court's grant of summary judgment to the County defendants on the negligence claim under California law; affirmed the district court's grant of summary judgment to defendants on Usman's siblings' intentional infliction of emotional distress and section 1983 substantive due process claims; reversed as to their negligence claim against the County; and vacated the district court's attorneys' fees award. View "Chaudhry, et al v. City of Los Angeles" on Justia Law