Gina Shaw v. James K. Hahn John Emerson James Pearson Thomas Hokinson

Good Law
56 F.3d 1128·95 Daily Journal DAR 7226·1995 WL 332218·1995 U.S. App. LEXIS 13695·95 Cal. Daily Op. Serv. 4187
United States Court of Appeals for the Ninth CircuitJune 6, 199594-55472California2,183 words

Opinion

Opinion

Fletcher, J.

Gina Shaw appeals the district court’s dismissal of her civil rights action against the City of Los Angeles and former and current members of the Los Angeles City Attorney’s Office. Shaw, who is African-American, claims that the defendants violated her equal protection rights by exercising a peremptory challenge to remove her from a venire panel on the basis of her race. We have jurisdiction and affirm.

I

In September of 1993, Shaw was called for jury duty and was among the jurors subjected to voir dire in the case of Tapia v. Gates. Tapia involved claims against the City of Los Angeles and various city officials by Raymond Tapia and Jason Corona, who alleged that an off-duty police officer had violated their constitutional rights by shooting them during a physical altercation. The defendants in the Tapia action were represented by the City Attorney’s Office. During jury selection, Deputy City Attorney Cory Brente exercised a peremptory challenge against Shaw. Tapia and Corona objected to the challenge, alleging that it was based on race and therefore violated Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). After a sidebar, District Court Judge Stephen…

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