Los Angeles Superior Court Judge Theresa M. Traber issued her ruling Thursday, March 30, after a hearing in the lawsuit brought by plaintiffs Melina Abdullah, Dahlia Ferlito and Justin Marks. Lacey’s attorneys sought the examinations because the plaintiffs maintain they suffered emotional distress from the encounter.
“Plaintiffs … generally seek emotional distress damages for the first cause of action for negligence,” the judge wrote. “Further, plaintiffs have received treatment for their injuries from a therapist, who has been designated by plaintiffs as an expert in this case. As such, plaintiffs’ continuing mental condition is in controversy.”
Traber’s order limits each plaintiff examinations to one day from 9 a.m. to 5:30 p.m. with “reasonable intervening breaks” and also designates the specific tests to be performed. In a separate ruling, the judge directed the plaintiffs’ attorneys to comply with a Jan. 19 court order that directs Marks and Abdullah to sign waivers so their records from sessions with a therapist can be reviewed by Lacey’s lawyers.
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 BLM members, gathered 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 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. Lacey’s husband, David Lacey, opened the door after the plaintiffs rang the bell. Video images show him pointing a gun and saying he would shoot if the visitors did not get off his porch. David Lacey died Sept. 5, 2022.
The encounter at the Lacey home occurred a day before Lacey — now 66 years old and 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:
Jackie Lacey lawyers ask for mental evaluation of BLM protesters suing her
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
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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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Unthinkable says
I think Jackie should sue over the emotional stress the demonstrators caused her and her husband. She could possibly say it caused his death. They admit torturing and hounding Jackie and her husband, if this was to happen to you wouldn’t you fear for your life? Just think a mob of people pounding on your door and yelling death threats it’s a terrible thing and I pray for Jackie and her family
Finish the job says
Well whoever did that to you did failed by not pulling the trigger. A dead commie is a good commie
Tim Scott says
As someone who has had a gun pointed at them on more than one occasion, I find it very unlikely that any professional will enter a finding of “nah, they didn’t suffer any emotional distress.” I personally wouldn’t sue anyone over it, because I generally just don’t think that way, but there is no doubt the experience is “emotionally distressing.”