United States v. City of Los Angeles

Caution
288 F.3d 391·2002 WL 649190
United States Court of Appeals for the Ninth CircuitApril 22, 2002Nos. 01-55182, 01-55453California4,697 words

Opinion

Lead Opinion

Thomas, J.

In this appeal, various third parties contend that the district court erred by denying their motions for intervention. We affirm in part and reverse in part.

I

In the underlying action, the United States alleged that the City of Los Angeles (“the City”), the Board of Police Commissioners of the City of Los Angeles, and the Los Angeles Police Department (“LAPD”) (collectively, the “City defendants”) engaged in a pattern or practice of depriving individuals of constitutional rights through the use of excessive force, false arrests and improper searches and seizures in violation of 42 U.S.C. § 14141 . 1 The suit was an outgrowth of a lengthy investigation of the LAPD’s Rampart Division and, in particular, its anti-gang unit known as Community Resources Against Street Hoodlums (“CRASH”). The inquiry was based on allegations made by former LAPD officer Rafael Perez who, pursuant to a criminal plea agreement, offered testimony of misconduct and corruption within the CRASH unit.

Before filing this suit, the United States discussed the issues with the City defendants. The parties agreed to enter into a consent decree that would resolve the suit. They negotiated a draft consent…

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