![]() ![]() The error was rendered harmless, however, by the district court subsequently determining on summary judgment that there was no evidence that the prosecutors took any part in the investigation. 2003) (prosecutor "performing investigatory or administrative functions" entitled to only qualified immunity). This allegation was sufficient to plead that Oh and Hovatter were functioning as investigating officers thus, their dismissal by the district court pursuant to Rule 12(b) (6) on the basis of absolute immunity was improper. 1992) (discussing the ways in which municipal liability may be established under Monell). There is no evidence that Karam's prosecution was due to any city policy, practice or custom or was instigated at the behest of any official policymaker. ![]() However, the council member who testified as to these matters stated that, to his recollection, none of the four critics whose police reports he received had ever been prosecuted. She argues this evidence suggests that her prosecution was pursuant to a governmental policy. She asserts that the city council had a practice of circulating among council members police reports pertaining to the council's critics, and that the council shared informal complaints about "gadflies" and "loonies" who made comments at council meetings. § 1983 for constitutional violations caused by an official policy, practice or custom). 658, 694 (1978) (city may only be held liable under 42 U.S.C. Search for this case: Lagana v.Karam contends she presented sufficient evidence to create at least a triable issue of fact on her allegation that, as a matter of official policy, practice or custom, the City issued, or caused to be issued, false police reports to secure the arrest of persons who criticized the city council. Use the links below to access additional information about this case on the US Court's PACER system.Īccess this case on the California Northern District Court's Electronic Court Filings (ECF) System (Attachments: #1 Envelope)(wsn, COURT STAFF) (Filed on )Īccess additional case information on PACER (wsn, COURT STAFF) (Filed on )ĬOMPLAINT against All Defendants. REQUEST for Leave to Amend Complaint by Joseph Victor Lagana. MOTION for Leave to Proceed in forma pauperis filed by Joseph Victor Lagana. (wsn, COURT STAFF) (Filed on )Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on (wsn, COURT STAFF). (wsn, COURT STAFF) (Filed on )Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)įILED IN ERROR. ![]() ![]() *** Case electronically transferred to the Western Division for the Central District of California as case 2:23-cv-03985 *** (far, COURT STAFF) (Filed on ) Modified on (far, COURT STAFF).ĬLERK'S NOTICE Fee Past Due Notice. A copy of this Order was mailed to Plaintiff. (crr, COURT STAFF) (Filed on )Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). NOTICE of Change of Address by Joseph Victor Lagana - Mailed to Western Division for the Central District of California. Mailed to Western Division for the Central District of California. MOTION to Amend/Correct #1 Complaint filed by Joseph Victor Lagana. This docket was last retrieved on June 8, 2023. ![]()
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