Judge Breyer has thrown out all of the claims except for those related to the Americans with Disabilities Act (ADA). This means the case will not even discuss claims of excessive force and the false warrant—among others—which we believe to be fundamental to the legal injustice in Kayla’s death by the Berkeley police.
The Moore family lawyer, Adante Pointer, has filed an appeal on all of the dismissed claims. Judge Breyer will decide whether this appeal will move forward in court on January 13 at 8 am. He will also likely decide a date for the trial. We need everyone to show up in court to support the family on that date and demand that these other claims be discussed in court.
Summary of the lawsuit:
Filed 2/12/2014 in the United States District Court for the Northern District of California.
Complaint for damages against the City of Berkeley and police officers Gwendolyn Brown, Kenneth Tu, Brandon Smith, Brian Mathis, Timothy Gardner, Nikos Kastmiler, Amber Philips and Benjamin Cardoza, individually and in their official capacities as police officers for the City of Berkeley.
Read the complaint.