Ninth Circuit affirms San Francisco’s victory in the “Fajitagate” case.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of San Francisco in a civil rights lawsuit dubbed “fajitagate.”  In an unsigned six-page memorandum decision issued July 23, 2008, Judges John Noonan, Sidney Thomas and Jay Bybee held that the City was not responsible for any injuries plaintiffs may have sustained in an altercation involving three off-duty San Francisco police officers.  In a novel claim for liability involving off-duty officers, plaintiffs argued that the off-duty officers were emboldened to attack the two plaintiffs because San Francisco had not properly disciplined one of the officers — the Police Chief’s son, Alex Fagan, Jr. — for allegedly improper use of force while on duty.

The judges wrote:  “Plaintiffs did not tender sufficient evidence to create a genuine issue of material fact as to whether a City policy of inadequate discipline for officers’ on-duty misconduct was the proximate cause of three off-duty officers’ decisions to assualt the Plaintffs for their bag of steak fajitas.”

Scott Graham, editor of The Recorder, writing in his paper’s blog, opined that with this decision, the case that ignited a storm of media attention “has ended with a whimper.”

Former San Francisco Deputy City Attorney David Newdorf (who with Deputy City Attorney Sean Connolly represented the City in five related S.F.P.D. excessive force cases) briefed and argued the case before Judge Jeffrey White in the U.S. District Court and in the Ninth Circuit.

For all of your litigation questions, contact Newdorf Legal, a San Francisco business litigation law firm.

State Bar Appointment for David Newdorf

The Board of Governors of the California State Bar appointed San Francisco business litigation attorney David Newdorf to the Executive Committee of the Litigation Section at its July 2008 meeting.  The three-year appointment begins September 28, 2008.  A former San Francisco Deputy City Attorney and a lawyer at a major international law firm, Mr. Newdorf started Newdorf Legal, a San Francisco Business Litigation law firm, serving the litigation needs of individuals, businesses and public entities.

Established in 1983, the Litigation Section is a voluntary membership association for attorneys who share an interest in litigation. The section is led by a fifteen-member Executive Committee comprised of attorneys from across the state and by a  ten-member panel of advisors who are prominent attorneys and state and federal judges.

The Litigation Section, with 11,000 members, is the largest section of the State Bar.  According to its mission statement, the Section aims “to promote excellence in all areas affecting dispute resolution, including the protection of the rights of all litigants, pre-trial discovery, the expeditious trial of lawsuits, alternative dispute resolution, effective judicial administration, uniform rules of court, and the protection and preservation of the independence of a judiciary of high quality.”

For all of your litigation questions, contact Newdorf Legal, a San Francisco business litigation law firm.

Announcing Newdorf Legal, The Law Firm

First, there was Newdorf Legal, the blog.  Now, there is Newdorf Legal, the law firm.  I am pleased to announce the formation of my law firm, Newdorf Legal, as of July 14, 2008.  I am continuing my practice in civil litigation in the state and federal trial and appellate courts.  I represent business and public entities in complex commerical disputes, class actions, and civil rights litigation.

My office is located in the heart of San Francisco’s financial district.  For more information about Newdorf Legal’s services for individuals, businesses and public entities, visit my law firm website at www.NewdorfLegal.com, or call me at 415-357-1234.

For all of your litigation questions, contact Newdorf Legal, a San Francisco business litigation law firm.