Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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During and immediately following jury selection,
appellants contended that Juror Number 5 (“S.M.”) was
impliedly biased and should be excused for cause. During
voir dire, S.M. stated that his mother was a law professor. He
stated further that he had family and personal friends who
were engaged in activities related to challenging conditions
in Los Angeles County jails or who had had negative
experiences with law enforcement. One of his friends was
general counsel to the Citizens’ Commission on Jail Violence
(“CCJV”) formed by the Los Angeles County Board of
Supervisors. He described the friend only as the “head of the
Los Angeles Police Commission.” A CCJV report was later
introduced at trial to support Monell liability. There is no
evidence that S.M. was aware during voir dire of any
connection between his friend and the CCJV report that
would be used at trial. S.M. later testified that he had not
known that the friend was involved in the CCJV, and that he
had not spoken with the friend about “any jail-related
commissions.” S.M. was also a friend of an exoneree whom
appellees’ counsel’s firm represented. At voir dire, S.M. told
the court that he was not sure whether that friend was
pursuing a civil case and, if so, who was representing the
friend. S.M. also told the court he thought his mother was a
friend of appellees’ counsel. Appellees’ counsel informed the
court that he had at most a professional relationship with
S.M.’s mother. Appellees had already used all of their
                     RODRIGUEZ V. CRUZ                       19

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