| (Feb. 5, 2016) -- A three judge panel of the U.S. Ninth Circuit Court of Appeals has upheld the federal trial court civil damages judgment of $6.5 million plus attorney's fees against the City of Long Beach and for familymembers of Doug Zerby.
In December 2010, LBPD officers responded to reports of a man with a gun on outside stairs in courtyard of Belmont Shore apartment units; Mr. Zerby was actually holding/manipulating a garden hose nozzle that resembled a handgun (photo below.)
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The City appealed the federal trial court civil damages verdict; so did Mr. Zerby's familymembers (seeking additional damages for pain and suffering under a federal statute and appealing the trial court's reduction of one of the plaintiff attorney's fees.) [Scroll down for further.]
The three judge federal appellate panel affirmed (upheld) the trial court's damages judgment against the City, upheld the trial court's award of attorney's fees and dismissed the plaintiffs' appeal re pain and suffering damages under a federeal statute. The Court marked its opinion "Not for Publication," meaning it's not precedent in subsequent cases in most circumstances (but not forbidding its publication by us or others.) To view the opinion, click here. LBREPORT.com has invited comment for publication from the LB City Attorney's office.
LBREPORT.com's independent (and without city confirmation) understanding is that procedurally, the City (ultimately via a decision by the City Council in closed session after consulting with the City Attorney) could choose to appeal the three-judge appellate panel's opinion and seek either an en banc ruling by 11 members of the 9th Cir. Court of Appeals court or seek review by the U.S. Supreme Court...or try to settle the case for prompt payment of some lesser sum than the judgment that the three judge panel just upheld but the City could appeal further (meaning additional time before plaintiffs receive payment, if any.) Obviously, settlement requires agreement by both sides. The L.A. County District Attorney office concluded (in a review independent of the City's internal review) that the two LB officers who fired their weapons acted lawfully (actually and reasonably believed that Mr. Zerby was armed with a firearm and acted in self-defense and in the defense of others.) Further as we receive it.
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