Civil Rights – Bivens Action. Mr. Lee was a former Staff Sergeant in the U.S. Marine Corp, who completed tours of duty in Operation Desert Shield and Operation Desert Storm. His brother was on the FBI’s most wanted list. Mr. Lee was arrested in California on a Florida warrant for his brother. His brother was known to use Mr. Lee’s name, date of birth, and social security number. After his arrest, the Special Agent interrogated Mr. Lee about the whereabouts of his brother. Mr. Lee explained that he had not seen is brother in years. The Special Agent responded, “Have a nice trip to Florida” and left the holding cell. Mr. Lee filed suit in federal district court for false arrest against the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Mr. Lee alleged that the FBI arrested him knowing he was not his brother. The United States Attorney’s Office filed a Rule 56 motion based on qualified immunity. It argued that knowingly arresting a person under a warrant for a someone else is protected by qualified immunity so long as an objectively reasonable agent could have concluded they were arresting the person named in the warrant. Chief Judge Judith Keep disagreed. The U.S. Department of Justice filed an interlocutory appeal. The Ninth Circuit Court of Appeals unanimously affirmed Judge Keep’s ruling, writing that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” The defendants’ writ of certiorari to the United States Supreme Court was denied. The case was the largest settlement against the FBI in the Southern District at that time. The case was resolved during direct talks with the United States Attorney for the Southern District of California.

Mr. Lee also filed suit against the county Sheriff for conspiring with the Federal Bureau of Investigation to wrongfully arrest Mr. Lee on the Florida warrant. The jury found in Mr. Lee’s favor. The case was settled in exchange for Mr. Lee not filing an attorney fees motion and the defense not appealing the jury’s verdict. 

Civil Rights – Fourteenth Amendment. Daniel W. was being processed into the George Bailey Detention Facility. He was in a holding cell for several hours. He pressed the deputy call button several times. Each time he was told to stop pressing the call button. The last time he pressed the button, several guards wearing black leather gloves arrived at this cell. They beat him and placed him back in the holding cell. Daniel W. filed a lawsuit alleging violation of his Fourteenth Amendment right as a pretrial detainee to be free from punishment without Due Process of law. Discovery revealed Daniel W. was beaten by a rogue band of guards calling themselves the Angry Team. The Angry Team’s mission was to met out discipline to detainees that did not follow instructions. Each member wore black gloves as their discipline was administered. Daniel W’s settlement included disbanding the the Angry Team.

Civil Rights – Federal Wrongful Death. In 2001, Marshawn W. was in custody at the George Bailey Detention Facility in San Diego. Deputies entered his cell at 2:30 a.m. looking for a safety razor that inmates used to shave. He became upset when the deputies found naked pictures of his wife. Marshawn W. was placed in maximum restraints which consisted of a spit-sock over his head and hogtying him. He was 6’3″ tall and weighted 270 pounds. So, guards placed him face-down on blanket and dragged him into a padded holding cell where he died. The medical examiner found the cause of death to be cardiac arrest. Mr. Washington’s wife and son filed a section 1983 lawsuit alleging a violation of their Fourteenth Amendment right to familial relations. The case settled on the second day of trial. 

Civil Rights – Bane Act. Plaintiff was drinking a beer in a restaurant bar. After last call, Plaintiff was asked to leave the bar. A discussion ensued and Plaintiff was grabbed from behind and choked. Plaintiff sued the restaurant and its employees under the California Bane Civil Rights Act alleging that the force used was unreasonable. Counsel were able to resolve the case on their own without mediation.

Civil Rights – False Arrest. In 1998, the San Diego Padres were in Game 7 of the National League Championship Series against the Atlanta Braves at Jack Murphy Stadium in Mission Valley. Plaintiff, a black man, had two tickets in his hand. He was waiting for a friend outside the stadium by the will call window. A police officer told Plaintiff he would be arrested if he did not leave. Words were exchanged and Plaintiff was arrested, his tickets were confiscated, he was taken downtown, booked, released, and missed Game 7. A jury awarded Plaintiff $75,000 and voted to proceed with the punitive damages phase of trial. The city risk manager settled the case outside the courtroom for $150,000 in exchange for Plaintiff not presenting the punitive damages case.

Los Angeles Daily Journal – Douglas Gilliland – Litigator in Focus Section

In 1981, Jill Scott and Plaintiff G.E. Scott were married. In 1990, Jill Scott was crowned Mrs. America. She divorced G.E. Scott and married the auto-glass-tycoon of Arizona, C. Richard Chance.

By 1995, G.E. Scott was working at a Taco Bell in Belleville, Kansas. He was raising the son he had with Jill Scott-Chance. But he had not taken steps to change the spousal support order based on his former wife’s marriage to Mr. Chance. In response, Jill Scott-Chance hired an attorney and two bounty hunters to “arrest” G.E. Scott. The bounty hunters shackled G.E. Scott at gunpoint, shot his dog, and drove him from Belleville to San Diego, California for a family court hearing regarding $1,200 in unpaid spousal support. Then-family-law-judge Janis Sammartino ordered that G.E. Scott be released from “custody.”

G.E. Scott filed suit against Jill Scott-Chance, her attorney, and the bounty hunters for false arrest and imprisonment. A San Diego jury awarded G.E. Scott $690,000 which included punitive damages. Her lawyer was disbarred and the bounty hunters disappeared.

During trial, testimony revealed that Rick Chance paid for the attorney and bounty hunters. Therefore,, G.E. Scott filed suit in the San Diego Superior Court against Rick Chance for his role in the plan. Judge Ronald Prager granted Mr. Chance’s demurrer without leave to amend. At oral argument, Judge Prager reversed his ruling and the case settled for $700,000.

Jill Scott-Chance would later be indicted for bankruptcy fraud for failing to disclose $100,000 in jewelry and that she was married to Rick Chance. Rick Chance was murdered in a Tempe hotel room by the boyfriend of an adult entertainer that he met online.

In 1994, Plaintiff was sitting on a bench with two friends near the roller coaster at Belmont Park in Mission Beach on a Sunday afternoon. The group was approached by three security guards and asked to leave the park. One security guard was an off-duty police officer. Another security guard was an off-duty investigator for the District Attorney’s Office. The third was a full-time security guard for Borg-Warner Guard Services. Plaintiff refused to leave without an explanation. The off-duty police officer maced plaintiff and a mele ensued. Plaintiff was shot twice by the off-duty police officer. At trial, the officer asserted self-defense. The jury awarded Plaintiff $600,000 in compensatory damages and $1,000,000 in punitive damages. Borg-Warner paid over 2.2 million after losing their appeal and the California Supreme Court denying review.

Criminal – Murder – First Degree. Mr. Gilliland was retained to represent Brian Aquino, the grand-nephew of the former president of the Philippines Corazon Aquino. Mr. Aquino was arrested after an episode of America’s Most Wanted portrayed the details of an unsolved execution-style murder of a soap opera actress from The Young and the Restless. Mr. Aquino reached a plea deal for time-served. His accomplice Hugo Jimenez was sentenced to 40 years to life in state prison.

Civil Rights – Section 1983. Plaintiff was a former gang member. He testified in a murder case for the government in exchange for a new start in witness protection. As a result, he was green-lighted. After leaving the state, he returned to the jurisdiction for his grandmother’s birthday party. He was arrested for a minor traffic offense and taken to a detention facility. He informed the staff of his classification and need for protective custody. His request was denied. He was placed in general population where he was beaten with soap socks. His identity was eventually confirmed, his claim against the facility was settled, and he was allowed to leave the jurisdiction.

Civil Rights – Section 1983. Jane Doe finished her shift as a cocktail waitress in the early morning hours. As she was driving back home to her parents’ house, she lost control of her car and crashed into three parked cars. Police arrived at the scene and detained Jane Doe on suspicion of driving under the influence. One officer volunteered to drive her home. The officer sexually groped Jane Doe. He then dropped her off at her parents’ house. The deputy sheriff would eventually plead guilty to sexually assaulting 16 women under color of authority between 2015 and 2017. The case was settled in mediation with the former Chief Judge Irma Gonzalez of the Southern District of California.

Anna Gorman — Los Angeles Times Staff Writer

Civil Rights – Federal Wrongful Death. A chronically mentally ill man was taken into a psychiatric hold under section 5150. After he was released from the hold, he was observed by a police officer with a knife. He was told to drop the knife and he refused. He walked towards the officer and was shot several times. His parents filed a federal wrongful death action for alienation of familial relations. The case was settled during a proceeding with U.S. Magistrate Judge Steve Chu.

In a separate lawsuit, the parents filed a state wrongful death action alleging that termination of the 5150 hold was premature. That case was also resolved in mediation.

Criminal – Federal Ponzi Scheme. In a joint prosecution effort of a team from the U.S. Department of Justice’s Washington, D.C. office and Assistant United States Attorneys from San Diego and San Francisco, the United States prosecuted two women producers named in a 22 count federal indictment alleging they were part of a Ponzi scheme. The scheme’s mastermind was Englishman Mark McClafferty. Mr. McClafferty took investors’ money to purchase “air-time” for infomercials. McClafferty pocketed the investor’s money and never sold any products. In a plea deal, McClafferty agreed to testify against the two women producers at trial in exchange for leniency at his sentencing. At trial, McClafferty testified that the producers were his partners in crime. After an eight week trial before the Hon. Napoleon Jones, a jury found the producers not guilty on all 22 counts in the federal indictment. The morning paper read, “Few defendants take their cases to trial in federal court. Fewer are acquitted.”

Civil Rights – Excessive Force. Plaintiff was arrested for theft and taken to juvenile hall. A deputy asserted plaintiff was not following instructions and pushed plaintiff against a cinderblock wall. CCTV showed a large pool of blood and approximately 10 deputies swarming the plaintiff. The plaintiff required numerous staples to his head. The case resolved during discussions between counsel.

Civil Rights – False Arrest. Plaintiff was a businessman from Baja, California, Mexico. He was trained in repairing commercial manufacturing equipment such as large drill presses, lathes, saws, and hydraulic equipment. He then started his own business. He purchased used equipment in the United States and repaired them for resale at his yard in Ensenada, Mexico. His business was cash-and-carry. One day he drove to Los Angeles to purchase an older model drill press. He had several thousand dollars in cash with him to make the purchase. He drove a truck with an empty trailer to transport the drill press. He was pulled over by the California Highway Patrol for a minor traffic infraction and mistaken for a drug dealer. His money and vehicle were confiscated. The CHP settled the case at mediation. 

Criminal – Murder – First Degree. Mr. Gilliland was retained to represent former deputy city attorney and 93-year-old retiree Richard Peck against charges that he murdered his 53 year old son. He reached a plea deal resulting in three years of house arrest with an ankle monitor. 

Civil Rights – Excessive Force. Plaintiff was an installer for a cable TV provider. He was having Sunday brunch on his birthday with his girlfriend. Unbeknownst to them, a Sacramento multi-agency joint fugitive task force was outside the restaurant because the grandmother of a fugitive was also having brunch at the restaurant. After plaintiff left the restaurant, he was pulled over and surrounded by several police vehicles, tased, beaten, and arrested. The officers realized their mistake after they pulled his driver’s license from his wallet. Although his race matched the fugitive, there was a discrepancy in height and weight. The case was resolved in mediation.

Civil Rights – Excessive Force. Plaintiff was accused by Metropolitan Transit Authority security of riding the light-rail train without buying a ticket. A passenger recorded video of plaintiff being beaten by the security officers while he was handcuffed to a rail inside the train. The case was resolved at mediation with former U.S. Magistrate Judge William McCurine.

Civil Rights – Excessive Force. Plaintiff was a high school student that was approached by her campus security officer. She was questioned about why she was not in class. As she tried to leave for her classroom, she was body-slammed to the ground outside the window of another classroom. The case settled at mediation. 

Civil Rights – Malicious Prosecution. Police were called when plaintiff was in a verbal argument with his girlfriend in his apartment. Police arrived and beat plaintiff with a baton. He was then arrested for domestic violence and resisting arrest. Plaintiff took the criminal case to trial. The battery turned out to be him tossing a plastic bowl on the bed which rolled around and touched his girlfriend who was sitting on the bed (a technical battery). The jury acquitted plaintiff of all charges after deliberating for 15 minutes. Plaintiff then brought a civil rights case alleging malicious prosecution and excessive force. The case was resolved at mediation. 

Civil Rights – Cruel and Unusual Punishment. Plaintiff was in-custody under a commitment to state prison. He got into a verbal argument with three guards. He was then beaten by the guards so badly that he was unconscious, started to turn blue, and nurses summoned life-flight to take him for emergency medical treatment. Plaintiff filed suit against the guards alleging a violation of his 8th Amendment right to be free from cruel and unusual punishment and failure to provide or summon medical care. The case was resolved at mediation. 

Civil Rights – Excessive Force. Plaintiff was a homeless man known to many in his community as a friendly, harmless person. On his birthday, police officers saw him on the sidewalk drinking something in a brown paper bag. A foot-pursuit followed resulting in two officers on top of him. He was then shot in the back of the head by an officer. The case was resolved at mediation.

Civil Rights – Bane Act. A store owner caught a man shoplifting some food. The store owner put the man in a carotid restraint causing the man to lose consciousness. The store owner then dropped the unconscious man onto the pavement fracturing his cheekbone and orbit. A Bane Act claim was filed for excessive force by store owner not under color of state law. The case was resolved at mediation. 

Civil Rights – False Arrest/5150. Plaintiff was an avid road bicyclist. He rode his bicycle on a Sunday morning from Carlsbad to Torrey Pines State Beach. As he entered the park, he did not come to a complete stop at a stop sign located just past the parking attendant’s booth. A police officer was parked just up the hill watching the stop sign from his SUV. As plaintiff proceeded up the Torrey Pines grade towards the officer, the officer stepped out of his SUV and stopped plaintiff for failing to come to a complete stop at the stop sign. An argument ensued and plaintiff was taken into custody under section 5150 and driven to the psychiatric ward where he was released about 30 minutes later. Plaintiff filed suit alleging false arrest. The case was resolved at an ENE before U.S. Magistrate Judge Michael Berg.

Plaintiff was crossing from Mexico into the United States at a border crossing in his vehicle. He was ordered to secondary inspection and he complied. He was ordered to exit his truck and he complied. He was told to wait in the office and he complied. He was told to sit in a chair in the office. As plaintiff was trying to explain that he was exposed to agent orange while fighting Vietnam, and it was more comfortable to stand, he was taken down by agents from ICE and the U.S. Border Patrol. He was handcuffed and placed in holding cell with one eye swollen shut. California Highway Patrol and the county sheriff were called. Both agencies refused to arrest Plaintiff. The case was settled before trial.