Gates

Defendants and petitioners the City of Los Angeles, the Los Angeles Police Department (LAPD), Police Chief Daryl F. Gates (Gates), and several individual members of the LAPD (collectively, defendants), petitioned this court for a writ of mandate/prohibition seeking to set aside the trial court’s order granting summary adjudication of issues in favor of plaintiffs, Juan Villalazo Grajeda (Grajeda) and Raul Oswaldo Rivera (Rivera) (collectively, plaintiffs).

We granted an alternative writ. Because the trial court erred as to various aspects of its summary adjudication of issues, that order is reversed.

Factual Background

1. Plaintiff Grajeda.

At approximately 12:30 a.m. on April 24, 1977, LAPD Officers Williamson and Burnette detained Grajeda, a permanent legal resident of the Unit ed States, in downtown Los Angeles for jaywalking. After issuing a citation, the officers arrested and booked Grajeda for using a false or forged alien registration receipt card (green card), a felony violation of 18 United States Code (U.S.C.) section 1426, subdivision (b).

Pursuant to a hold request of local officials of the United States lnmigration and Naturalization Service (INS), the…