Tony M. Sain and Trisha E. Newman Successfully Argued Before a Panel in The United States Court of Appeals for the Ninth Circuit
Los Angeles Partner Tony M. Sain and Los Angeles Senior Counsel Trisha E. Newman were able to convince the Ninth Circuit to uphold the district court's dismissal in the civil rights case Mills v. City of Covina. The panel affirmed the district court’s dismissal of plaintiff’s 42 U.S.C. sec. 1983 claims for an alleged Fourth Amendment violation, alleging he was stopped and searched by police officers without probable cause, as time-barred, and affirmed a judgment on the pleadings in favor of defendants in the same action alleging that plaintiff was falsely arrested, and maliciously prosecuted.
Plaintiff brought suit under § 1983 after a California Court of Appeal overturned his criminal convictions for possession of a controlled substance and a smoking device on the grounds that the Superior Court erred in denying plaintiff’s suppression motion. The case established new precedent that: (1) California Code sec. 356 does not toll the statute of limitations while a criminal appeal is pending; and (2) a reversal on appeal does not necessarily support a malicious prosecution cause of action.
Tony M. Sain practices on the Governmental Entity Defense Team defending public agencies and officers in civil rights actions and employment cases, as well as other clients in general litigation, including the defense of other public and private entity tort cases and entertainment-related matters. Mr. Sain has successfully defended our clients as a lead trial attorney in several jury and administrative trials on police/civil rights or employment cases, and he has also served as a pro bono prosecutor at trial for Los Angeles District Attorney’s Office.
Trisha E. Newman practices on the Appellate Law (Strategy, Writs, and Appeals) Team. She focuses mainly on police and municipal defense in federal court. Ms. Newman also has experience in corporate law, focusing on representation of non-profit and tax exempt entities.
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