Adolph Lyons v. City of Los Angeles, Doe Crupi, Doe Hills, Doe Sandoval and Doe Lloyd

Good Law
615 F.2d 1243·1980 U.S. App. LEXIS 19137
United States Court of Appeals for the Ninth CircuitMarch 28, 198077-2591California4,615 words

Opinion

Opinion

Tuttle, J.

Appellant Adolph Lyons filed a seven-count civil rights complaint against the City of Los Angeles (City) and four of its police officers, alleging serious police misconduct. The district court granted partial judgment on the pleadings in favor of the City with respect to those counts seeking injunctive and declaratory relief (counts five, six and seven.) Because we find that the district court misperceived the nature of the “case or controversy” and standing requirements in dismissing part of this case, we reverse the court’s order as to counts five and six. We affirm the court’s order as to count seven.

I.

The appellant alleges that four Los Angeles city police officers stopped his car because one of its taillights had burned out. He further alleges that without any provocation or reason to fear for their safety, the police officers applied strangleholds around his neck until he was rendered unconscious. Appellant asserts that the police department actively encourages the use of these holds even in non-life-threatening situations, and that on several occasions such police strangleholds have resulted in severe permanent injuries or even death.

The appellant alleges numerous…

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