Manning & Kass Victorious In The Public SectorJune 6, 2022
Manning & Kass’ Government Entity Liability practice prevails once more as The United States District Court has granted summary judgment in favor of the City of Santa Monica in a lawsuit arising out of the handling of the City's curfew by the Santa Monica Police Department. The curfew was imposed following the death of George Floyd in 2020. In the case, the plaintiff alleged that members of the SMPD had used unreasonable and excessive force on him when he refused to comply with a lawful order to disperse. He also alleged that the City interfered with his First Amendment Rights as a "journalist." There was abundant video evidence that no excessive force was used and that the conduct by the officers was proper.
The incident was captured by body-worn camera recordings, which served as the primary support for the defendants’ motions to dismiss. This is the second case this year in which a Federal Court has granted summary judgment to the City of Santa Monica based on its use of BWC video.