Hawkins
Hawkins v. Comparet-Cassani
Opinion
Opinion
Pregerson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; GRANTING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION; AND GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
The defendants’ motion to dismiss and the plaintiffs motions for class certification and for preliminary injunction came before the Court for oral argument on November 16, 1998. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court grants in part and denies in part the defendants’ motion to dismiss and grants plaintiffs motions for class certification and for the issuance of a preliminary injunction.
BACKGROUND
The plaintiff, Ronnie Hawkins (“Hawkins”), was tried and convicted of one count of felony burglary and one count of felony theft in April 1998 before Los Angeles County Municipal Court Judge Comparet-Cassa-ni, a named defendant in this case. On June 30, 1998, Hawkins appeared before Judge Comparet-Cassani to have a motion heard and for sentencing. Due to alleged threats of violence to the Court, the Los Angeles County Sheriff received a court order to place a “stun belt” on Hawkins. At this hearing, Judge Comparet-Cassani claims that…