Ovando

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND CERTIFYING THIS ORDER FOR INTERLOCUTORY APPEAL [FED.R.CIV.P. 12(b)(6); 28 U.S.C. § 1292 (B) ]

I.

INTRODUCTION

This is a lawsuit arising out of what has become known in both the local and national media as the Los Angeles Police Department (“LAPD”) “Rampart” scandal. First exposed by former LAPD Officer Rafael Perez (“Perez”), one of the named defendants in this case, the events involved in the Rampart affair reportedly include a wide variety of misconduct by LAPD officers including the shooting of unarmed suspects, the planting of evidence to justify those shootings, the preparation of false police reports to cover up the misconduct and the presentation of perjured testimony resulting in the false convictions and imprisonment of a number of innocent citizens.

One of the alleged victims of that police misconduct is Javier Ovando (“Ovando”) who, while unarmed and in police custody, was allegedly shot several times. Ovando was then arrested and charged with several offenses, including two counts of assault on a police officer with a firearm. Ovando was tried and convicted of those offenses, among others, and…