Morayon Simmons v. City of Los Angeles

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 9 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MORAYON SIMMONS, No. 21-56272

Plaintiff-Appellant, D.C. No. 2:20-cv-10779-RGK-E v.

CITY OF LOS ANGELES, a municipal MEMORANDUM* entity; LOS ANGELES POLICE DEPARTMENT, a municipal entity;

JONATHAN KINCAID,

Defendants-Appellees,

and

COUNTY OF LOS ANGELES; DOES, 1

through 100, inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted April 14, 2023 Pasadena, California

Before: W. FLETCHER, BERZON, and LEE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. After spending nearly three years in custody, Morayon Simmons was

acquitted by a jury of attempted murder and other related crimes. He subsequently

filed this § 1983 suit against the Los Angeles Police Department (“LAPD”), the

City of Los Angeles, the County of Los Angeles,…