Legal Question in Civil Rights Law in California

1. Can John Doe file a civil suit by structuring his claim in accord with the logical cause doctrine?

( Please read the following paragraphs to consider material facts before answering.)

2. In 2011, A chaplin employed at Men's Central Jail in Los Angeles confessed publicly

he had personally witnessed over one hundred incidents of sheriffs assaulting inmates without provocation.

3. Public outrage from the citizens the ACLU U.S. Attorney General Eric H. Holder,

Alsharpton and other resulted in an investigation that confirmed sheriffs routinely assaulted inmates. Facilitated inmates against inmate assaults, and that a group of sheriffs had tatoos representing their membership in the corrupt unit titled 'The 3000 Boyz' being responsible for outrageous assaults and abuse of inmates located on the 3000 floor and other areas of the jail.

4. Between 2008 and 2011 John Doe was victimized and injured more than once by The 3000 Boyz

and many other sheriffs. He was beaten until unconcious twice and one of those time hospitalized for head wound requiring staples. He suffered other physical injuries, weight loss, migrane headaches, memory loss, and has been diagnosed with Post-Tramatic Syndrome as direct result of the aforementioned injuries.

5. John Doe has hospital and medical records that prove he was in fact injured by sheriffs.

6. John Doe can use those hospital and medical records in conjunction with sheriff's computer records,and corroborating witnesses to prove that the only logical cause for his injuries was their willful and deliberate gross negligence.

7. John Doe can also demonstrate that it is most probable that their gross negligence was for

financial gain and was tainted by racial discrimination, and that upon no other rational hypothesis can they present an alternative cause for his injuries.

8. Finally, based on the facts provided does John Doe's claim fall within the confines of the logical-cause doctrine and if so, what referals can John Doe contact for strong and aggressive representation?


Asked on 1/23/12, 12:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I have handled public entity civil rights litigation and I have not heard the term "logical cause doctrine." To bring a claim against a California public entity under state law one must present a claim to the entity within six months, or one year at the outside. The statute of limitations for filing a federal claim under 42 USC � 1983 for excessive force or deliberate indifference is two years. Sometimes the "continuing violation" doctrine can extend or "toll" the statute of limitations. The standards for liability are different than in an ordinary lawsuit for negligence. To hold the county or LASD management responsible, as opposed to individual deputies, one must prove that the injuries resulted from a "policy or custom" or a "failure to train" on the part of the public entity. Do not file any claims or lawsuits yourself, there are many fine attorneys who handle cases like these. You will find one.

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Answered on 1/23/12, 3:52 pm


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