“Despite seeking solely emotional distress damages in this lawsuit and refusing to provide their medical records for treatment obtained as a result of the incident at issue, plaintiffs refuse to allow independent medical examinations of their mental condition,” Lacey’s lawyers state in their court papers brought Friday, Feb. 17, in Los Angeles Superior Court.
Melina Abdullah, Dahlia Ferlito, and Justin Marks brought the complaint in October 2020, claiming they suffered emotional distress from the incident. Their lawyers maintain that the Laceys were aware the demonstrators were there to confront her and not her husband, who died Sept. 5. Lacey was criticized by Abdullah and other activists for declining to prosecute some law enforcement officers involved in fatal on-duty shootings during her two terms in office.
For several years, protesters, including members of Black Lives Matter, gathered sometimes in the hundreds outside the Hall of Justice, where Lacey’s office was located, every Wednesday to protest against Lacey, some with signs, noise amplifiers, and drums, while chanting slogans such as, “Bye, Jackie” and “Jackie Lacey Must Go.”
Abdullah is a professor and former chair of the Department of Pan-African Studies at Cal State Los Angeles and a co-founder of the Los Angeles chapter of Black Lives Matter. The suit alleges false imprisonment by the 65-year-old Lacey.
The confrontation occurred when members of the group showed up at the Laceys’ residence the morning of March 2, 2020. The plaintiffs went to the Laceys’ home seeking to confront her for allegedly refusing to meet with them. David Lacey opened the door after the plaintiffs rang the bell and video images show him pointing a gun and saying he would shoot if the visitors did not get off his porch. According to Lacey’s attorneys’ court papers, the plaintiffs’ entire damages claims are for alleged mental and emotional injuries.
“Plaintiffs cannot claim that they are suffering from ongoing depression, anxiety, and severe emotional distress and then balk at having to support their claims,” according to the court papers of Lacey’s lawyers, who have selected Glendale psychologist Arthur Asatoorian to examine the trio.
A hearing on the motion is scheduled May 30 before Judge Theresa Traber.
The encounter at the Lacey home occurred a day before Lacey — the first woman and first Black prosecutor to hold the top post since the office was created in 1850 — was forced into a runoff with former San Francisco County District Attorney George Gascón, who ultimately was elected.
Previous related stories:
Judge grants BLM protesters’ bid for second Lacey deposition
Jackie Lacey’s second deposition sought by attorneys for Black Lives Matter protesters
Lawyers in Black Lives Matter lawsuit say former DA Lacey’s husband has died
Judge tosses civil rights violation allegations from suit against Laceys
Judge poised to pare suit against former L.A. County D.A., husband
Former DA’s husband granted diversion in gun case
Judge pondering diversion for former DA’s husband in gun case
Former D.A.’s husband to seek diversion program for assault counts
Judge denies motion to dismiss BLM lawsuit against former L.A. County D.A.
Jackie Lacey and husband sued by BLM members over gun incident
Judge denies defense motion in misdemeanor case against D.A.’s husband
D.A.’s husband charged with misdemeanor assault involving protesters
California Attorney General’s Office investigating L.A. County D.A.’s husband
Protesters gather outside D.A. Jackie Lacey’s house; husband points gun
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Concerned says
Can we get a mental evaluation on the mayor of Lancaster?
She needs to allow justice to be served says
Justice is being served
Noreason says
If these people win this case then every time a criminal comes after you in your home and you try to protect yourself the criminal can sue you. What about the emotional distress Jackie and her husband suffered not knowing what these crazy wild people were going to do to them? How is this OK? People can threaten us and attack us then sue us if they don’t get their way. When BLM damage property and hurt or kill innocent people I don’t see them being put in court and charges brought against them. This is another reason so many are leaving California
Donnie Hewes says
BLM has not damaged property or killed anyone. Look at all the maga orange lord followers and the death destruction they do. As a transgender man BLM has stood by me. Transgender people are coming to California to take the place of the red hat orange goofball bigots that leave, soon California will be utopia.
Alby says
A utopia of chick’s with (removed)? Naaah man.
Alby says
It’s bad enough that they were naturally born with [removed] and they still want to run our world.