|
In Depth
$22.5 Million Jury Verdict Against LB City Hall in McClure v. City of LB; Next Moves Pending
(August 4, 2004, updated with verdict details) -- Following eleven months of trial and five months of deliberations, a Los Angeles federal court jury has returned a $22.5 million verdict against the City of Long Beach, two former LB Councilmembers and a former senior member of LB City Hall management.
The civil verdict came in the case of McClure v. City of Long Beach, et al....in which Shirley and Jason McClure filed suit against LB City Hall, now-former Councilmembers Ray Grabinski and Jeff Kellogg, and now-retired City Hall Planning and Building Chief Eugene Zeller, alleging violations of federal laws in the nature of discrimination related to plaintiffs' efforts to open Alzheimers' homes in LB.
We post the substance of the jury's verdict below.
Plaintiff Shirley McClure is the mother-in-law of now-former Councilman Rob Webb.
LB City Attorney Bob Shannon said he was "disappointed in the verdict," adding "as far as I'm concerned, it was clearly against the weight of the evidence." Mr. Shannon said any further comment would wait until he'd had a chance to speak with his client -- the Long Beach City Council. A closed session with Councilmembers will be scheduled for Tuesday August 10 to discuss the matter, Mr. Shannon said.
LB City Hall is reportedly insured for amounts, if any, ultimately found due in excess of $12 million in this case.
In terms of generally applicable procedures, various post trial motions can be made following civil jury verdicts of this nature.
The case was tried on behalf of the city by outside counsel and has spanned several years. LB has incurred attorney fees to date of slightly under $4 million.
Further to follow as newsworthy. Check back with this page. Click "reload" or "refresh" on your browser for updated text.
[update] Substance of the jury's civil verdict
On claims brought by Shirley McClure:
In favor of Ms. McClure against the City of Long Beach for violation of section 3604(f) of the Fair Housing Act.
In favor of Ms. McClure against the City of Long Beach for violation of section 3617 of the Fair Housing Act.
In favor of Ms. McClure against Jeffrey Kellogg re [federal civil rights statute] section 1983 claim that Mr. Kellogg, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Kellogg, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated out of malice.
Found that Mr. Kellogg, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Kellogg, while acting under color of United States Consitution intentionally treated Ms. McClure differently from others similarly situated in a way that was plainly arbitrary.
In favor of Ms. McClure against Ray Grabinski re [federal civil rights statute] section 1983 claim that Mr. Grabinski, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Grabinski, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated out of malice.
Found that Mr. Grabinski, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Grabinski, while acting under color of the United States Consitution intentionally treated Ms. McClure differently from others similarly situated in a way that was plainly arbitrary.
In favor of Ms. McClure against Eugene Zeller re [federal civil rights statute] section 1983 claim that Mr. Zeller, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Zeller, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated out of malice.
Found that Mr. Zeller, while acting under color of law, violated Ms. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Ms. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Zeller, while acting under color of United States Consitution intentionally treated Ms. McClure differently from others similarly situated in a way that was plainly arbitrary.
Sum of money awarded as compensatory or nominal damages in favor of Shirley McClure: $20 million
On claims brought by Jason McClure:
In favor of Mr. McClure against the City of Long Beach for violation of section 3604(f) of the Fair Housing Act.
In favor of Mr. McClure against the City of Long Beach for violation of section 3617 of the Fair Housing Act.
In favor of Mr. McClure against Jeffrey Kellogg re [federal civil rights statute] section 1983 claim that Mr. Kellogg, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Kellogg, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated out of malice.
Found that Mr. Kellogg, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Kellogg, while acting under color of United States Consitution intentionally treated Mr. McClure differently from others similarly situated in a way that was plainly arbitrary.
In favor of Mr. McClure against Ray Grabinski re [federal civil rights statute] section 1983 claim that Mr. Grabinski, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Grabinski, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated out of malice.
Found that Mr. Grabinski, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Grabinski, while acting under color of the United States Consitution intentionally treated Mr. McClure differently from others similarly situated in a way that was plainly arbitrary.
In favor of Mr. McClure against Eugene Zeller re [federal civil rights statute] section 1983 claim that Mr. Zeller, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution.
Found that Mr. Zeller, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated out of malice.
Found that Mr. Zeller, while acting under color of law, violated Mr. McClure's right to Equal Protection under the U.S. Constitution, intentionally treated Mr. McClure differently from others similarly situated because of an irrational prejudice against persons with Alzheimer's disease.
Found that Mr. Zeller, while acting under color of United States Consitution intentionally treated Mr. McClure differently from others similarly situated in a way that was plainly arbitrary.
Sum of money awarded as compensatory or nominal damages in favor of Jason McClure: $2.5 million
Return To Front Page
Contact us: mail@LBReport.com
|
