By Kayla Meraz
LOS ANGELES, CA – A federal civil rights lawsuit against the Los Angeles Police Department and several officers, involving the beating and shooting of the founder of Black Lives Matter South Pasadena, Fahren James, may proceed, according to U.S. District Judge Consuelo B. Marshall’s decision last week.
Attorneys representing the city and officers sought to dismiss the lawsuit, arguing the protest was unlawful and their actions were not aimed at stifling free speech. They also claimed officers did not use excessive force and were protected by qualified immunity.
Judge Marshall reviewed body-worn camera footage and evidence presented by civil rights attorney V. James DeSimone, and ruled, “Viewing the facts in the light most favorable to Plaintiff, a reasonable jury could conclude that Plaintiff’s act of protesting at an anti-police rally was a substantial factor that motivated the Defendant Officers’ conduct.”
Marshall noted genuine issues of material fact regarding excessive force, denying the city’s motion for summary judgment based on qualified immunity.
The lawsuit addresses First and Fourth Amendment violations, including excessive force and retaliation against peaceful protestors.
“The court recognized the gravity of the allegations and the importance of allowing a jury to hear Ms. James’s story” civil rights attorney DeSimone stated, adding, “This decision, allowing Ms. James’s case to proceed, is a beacon of hope for the protection of free speech and against police brutality.”
He emphasized the importance of letting a jury hear James’s story and called it a step forward in the pursuit of justice for peaceful protesters.
The case, James v. The City of Los Angeles, was filed on June 1, 2021, in the U.S. District Court, Central District of California.
