This is an old revision of this page, as edited by AnomieBOT (talk | contribs) at 15:20, 18 April 2014 (Dating maintenance tags: {{Citation needed}}). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.
Revision as of 15:20, 18 April 2014 by AnomieBOT (talk | contribs) (Dating maintenance tags: {{Citation needed}})(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)
Stephen Yagman, (born December 19, 1944) is a former federal civil rights lawyer and advocate.
Yagman developed a reputation for being a civil rights advocate, particularly in cases regarding allegations of police brutality, and a "pugnacious civil rights lawyer." In County of Los Angeles v. U.S. Dist. Ct. (Forsyth v. Block), 223 F.3d 990 (9th Cir. 2000), federal Ninth Circuit Chief Judge Alex Kozinski said that Yagman: "has a formidable reputation as a plaintiff's advocate in police misconduct cases; defendants in such cases may find it advantageous to remove him as an opponent."
Yagman's most notorious case involved the Los Angeles Police Department.Cite error: A <ref> tag is missing the closing </ref> (see the help page).
Yagman lodged complaints of judicial misconduct against U.S. District Judge Manuel L. Real which "were at the center of the controversy over the effectiveness of the federal judicial disciplinary system and exerted a uniquely powerful influence on subsequent attempts at reform." The United States Judicial Conference cited Yagman in adopting its 2008 nationawide procedures for handling complaints of misconduct against federal judges. In his 2011 book, Lawyers on Trial, UCLA School of Law Professor of Law Emeritus Richard L. Abel listed Yagman in the chapter "Championing the 'Defenseless' and 'Oppressed'", rated him a "highly competent, dedicated lawyer who is a champion of unpopular causes", and likened him to Clarence Darrow and William M. Kunstler.
In 1986, Yagman successfully challenged a proposed nationwide suspension of federal jury trials due to budget shortfalls, in Armster v. U.S. Dist. Ct., 792 F.2d 1423 (9th Cir. 1986). In a unanimous opinion in a related proceeding, Armster v. U.S. Dist. Ct., 817 F.2d 480 (9th Cir. 1987), Judge Stephen R. Reinhardt said, "Yagman's vigilance in the protection of his clients' constitutional rights served all citizens. His fortitude and tenacity in the service of his civil rights clients exemplifies the highest traditions of the bar. Former U.S. Attorney General Ramsey Clark (1966–69) seconded Judge Reinhardt's accolade: "Only the valiant have dared to sue the police for lawless violence and excessive force against the people. Foremost among the valiant is Stephen Yagman, who has bearded the lion in his den time and time again." University of California Irvine Law School Dean Erwin Chemerinsky said Yagman was "particularly important to bringing challenges to police abuse ... helped to develop the law in this area in a very positive way and represented a lot of people who needed counsel."
In 1994, Yagman prevented the implementation of California Proposition 187, by obtaining a preliminary injunction barring public schools from excluding undocumented students, and then converting the preliminary injunction into a permanent injunction, after the Proposition was declared unconstitutional.
On November 22, 2010, Yagman was disbarred, based on June 22, 2007 federal convictions for one count each of tax evasion and bankruptcy fraud, and 11 counts of money laundering. Yagman contended that the IRS had selectively and vindictively prosecuted him, ignoring the difference between tax avoidance, which is legal, and tax evasion, which is not, because, as Idaho Special Prosecutor (1997–2001), he prosecuted homicide charges against FBI sniper Lon Horiuchi for allegedly murdering Vicki Weaver at Ruby Ridge, Idaho in 1992 and because on January 19, 2002 he brought the first Guantanamo Bay detainee case and won it on December 18, 2003.
At his November 27, 2007 sentencing, U.S. Dist. Judge Stephen V. Wilson said of Yagman: "he has entered a field of law that's difficult. He is always the underdog, and he is facing the establishment at its fiercest. So anyone who gets into that arena is brave and has a mission. He tried cases in my court ... very competently." The convictions were upheld by the Ninth Circuit Court of Appeals in 2009, and remain under habeas corpus review on the ground that they were a legal impossibility.
Youth, education and early career
Stephen Yagman was born in 1944 in Brooklyn, New York to working-class parents. His father was a dental technician and his mother was a secretary. He did not learn to read until he was 12 years old and attended Lincoln High School.Cite error: A <ref> tag is missing the closing </ref> (see the help page). The jury hung 9-3 in favor of the Matasareanu family, a mistrial was declared, and the case never was retried.
On November 12, 1997, Yagman was sworn in by U.S. Dist. Judge Robert M. Takasugi as Special Prosecutor for the State of Idaho to prosecute FBI sniper Lon T. Horiuchi in the August 22, 1992 Ruby Ridge killing of Vicki Weaver (where he also served pro bono). In 2001, Yagman won a decision from the U.S. Court of Appeals for the Ninth Circuit declaring that federal law enforcement agents did not enjoy sovereign immunity and could be prosecuted criminally for state law homicide. Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001)(en banc). In January 2002, Yagman brought, pro bono, the first case seeking habeas corpus relief for Guantanamo Bay detainees, and in December, 2003, won the first case in which it was declared that Guantanamo detainees were entitled to seek habeas corpus relief in United States courts. Gherebi v. Bush & Rumsfeld, 374 F.3d 727 (9th Cir. 2004).
In 2003 and 2006, Yagman, pro bono, defended in two, three-month-long trials Amy Prien, a mother charged with the murder of her three-month-old son. It was alleged that Prien breast fed her infant son methamphetamine-laced breast milk. The first trial was lost and Prien was sentenced to life in prison. After a successful appeal, in the second trial the jury hung 9-3 in favor of acquittal, and the district attorney declined to proceed to a third trial, thus saving Prien from serving life in prison.
Stephen Yagman legal casesYagman has prosecuted many cases, such as:
Armster v. City of Riverside, 611 F.Supp. 103 (C.D. Cal. 1985)(police who stand by and observe other police commit civil rights violations may be held liable for failing to prevent the violations);
Armster v. United States District Court, 792 F.2d 1423 (9th Cir. 1986)(wholesale suspension of civil jury trials in federal courts based on budget shortfall violates Seventh Amendment to U.S. Constitution);
Cabrales v. County of Los Angeles, 864 F.2d 1454 (9th Cir. 1988)(first case in which Los Angeles County jail system held liable for inmate suicide);
Children Who Want an Education v. Wilson, 908 F.Supp. 755 (C.D. Cal. 1995)(California’s anti-immigrant Proposition 187 declared unconstitutional and enjoined);
Crumpton v. Gates, 947 F.2d 1418 (9th Cir. 1991)(an in utero fetus may sue police for killing his father once he is born);
Cunningham v. Gates, 229 F.3d 1271 (9th Cir. 2000)(elected government officials may be held liable personally for indemnifying police guilty of civil rights violations for punitive damages levied against them by juries);
Dang v. Cross, 422 F.3d 800 (9th Cir. 2005)(redefines basis for punitive damages against police to include infliction of oppressive conduct);
Diaz v. Gates, 420 F.3d 897 (9th Cir. 2005)(per curiam)(en banc)(establishing principle that police may be sued under federal racketeering statute for injuring one in her employment), cert. denied sub nom. Parks v. Diaz, 126 S.Ct. 1069 (2006);
Erickson v. Knapp, 938 F.Supp. 581 (C.D. Cal. 1996)(police may not seize news photographer’s camera without probable cause);
County of Los Angeles v. U.S. Dist. Ct. (Forsyth v. Block), 223 F.3d 990 (9th Cir. 2000)(defense attempt to disqualify Yagman denied: Chief Judge Alex Kozinski stating: “Stephen Yagman has a formidable reputation as a plaintiff’s advocate in police misconduct cases; defendants in such cases may find it advantageous to remove him as an opponent.”);
Fowler v. Block, 2 F.Supp. 2d 1268 (C.D. Cal. 1998)(holding it unconstitutional for sheriff to continue to hold in custody person ordered by court to be released, in order to check for outstanding warrants);
Gherebi v. Bush & Rumsfeld, 374 F.3d 727 (9th Cir. 2004)(first case to hold that Guantanamo Bay detainees entitled to petition federal courts for habeas corpus);
Green v. Baca, 225 F.R.D. 612 (C.D. Cal. 2005)(imposing $54,375 sanction on police defense counsel for concealing 11,704 pages of reports from plaintiff);
Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006)(plaintiffs’ excessive force claims are not barred by prior conviction arising from same events; loss of employment sufficient to state an injury to business under racketeering laws);
Hammer v. Gross, 932 F.2d 842 (9th Cir. 1991)(en banc)(forced blood tests may not be administered to drunk driving suspects);
Hart v. Gaioni, 354 F.Supp. 2d 1127 (C.D. Cal. 2005)(establishing right to sue in federal court for the denial of the right to sue in federal court through interference with a plaintiff’s right of counsel);
Hawkins v. Comparet-Cassani, 33 F.Supp. 2d 1244 (C.D. Cal. 1998)(holding unconstitutional use of 50,000-volt stun belt on prisoner who was before the court);
Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001)(en banc)(establishing right of states to prosecute criminally for homicide federal officials);
In re Complaint of Judicial Misconduct (Judge Manuel L. Real), 425 F.3d 1179 (9th Cir. 2005)(finding judicial misconduct because of judge taking action on improper communication from a party);
Johnson v. Campbell, 92 F.3d 951 (9th Cir. 1996)(jurors may not be challenged because they are gay);
Larez v. Gates, 946 F.2d 630 (9th Cir. 1991)(setting forth seminal standards for suing government based on having a custom of police misconduct);
Milstein v. Cooley, 208 F.Supp. 2d 1116 (C.D. Cal. 2002)(there is a clearly established due process right not to be prosecuted based on fabricated evidence);
Moreno v. Baca, 431 F.3d 633 (9th Cir. 2005)(suspicion-less arrest and search may not be retroactively justified by police subsequent to discovery that person arrested is on parole or subject to an outstanding arrest warrant);
Motley v. Parks, 432 F.3d 1072 (9th Cir. 2005)(en banc)(parole search must be preceded by probable cause; unreasonable to point a gun at a baby while searching);
Standing Committee on Discipline v. Yagman, 55 F.3d 1430 (9th Cir. 1995)(lawyer has right of freedom of speech to criticize federal judge and may not be disciplined for doing so, creating the so-called “Yagman Rule”);
Thomas v. Baca, 231 F.R.D. 397 (C.D. Cal. 2005)(granting class action to over 500,000 Los Angeles County jail inmates who were forced to sleep on the floors without bunks);
Thomas v. Baca, 514 F.Supp. 2d 1201 (C.D. Cal. 2007)(holding unconstitutional forcing jail inmates to sleep on floors without bunks);
Vanke v. Block, 98-04111-DDP (C.D. Cal. 11-07-98)(granting class action to 22,000 Los Angeles County jail inmates, and issuing preliminary injunction that prohibited sheriff from refusing timely to release inmates who had been ordered to be released, but whom sheriff continued to detain to search for outstanding warrants).
Writings
Stephen Yagman has written two national legal practice books and a play, and hundreds of newspaper columns for both the Los Angeles Daily Journal and Los Angeles Times. His books and play are: Section 1983 Federal Jury Practice and Instructions, West Publishing, 1998; Police Misconduct and Civil Rights, Federal Jury Practice and Instructions, Thomson West Publishing, 2002; Guantanamo-Act IV, a play, Beyond Baroque Foundation, 2004.
Awards
2005, California Lawyer Magazine, CLAY Award, Yagman chosen as one of California’s top 41 lawyers for “extraordinary achievements, making a significant impact on the law, work has had a profound, far-reaching impact, and whose achievements are expected to have such an impact in coming years, and have changed the law, broken new ground, and substantially influenced public policy.”
2002, California Lawyer Magazine, CLAY Award, Yagman chosen as one of California’s top 25 lawyers for “cutting edge work that helps the state maintain its reputation as a trendsetter, that shaped the law, the profession, and the way the law affects industry and the public, and who left a lasting impact on the way those who follow them will practice.”
2000, Los Angeles Daily Journal, Yagman chosen as one of “Top 100 Most Influential California Lawyers.”
1999, Los Angeles Times, Yagman chosen as one of “Top 103 Most Influential People” in Los Angeles.
1996, Peoples College of Law Clarence Darrow Award: “for renowned progressive legal advocacy, commitment to pro bono work, and tireless involvement in diverse political and human rights efforts at local, national, and international levels. Throughout the 1970’s, 1980’s, and 1990’s, Yagman has been engaged in progressive legal advocacy and has established legal precedent that has secured benefits to us all. The legal community across the nation can be grateful for the dedication and hard work that has been the hallmark of Stephen Yagman’s practice.”
1993, Los Angeles Criminal Courts Bar Association, President’s Award, “In recognition of zealous and dedicated advocacy and protection of his clients’ rights he has battled courageously against abuse of governmental power at the risk of great personal sacrifice and loss.”
1974, Guild of Catholic Lawyers, Jurisprudence Award.
Sources
- Los Angeles Daily Journal, "Profile", Oct. 26, 1987, p. 1
- Los Angeles Herald Examiner, “Attorney Tops Cops’ Most Wanted List,” Dec. 19, 1988, p. 1
- Los Angeles Reader, “L.A.P.D. Death Squad,” April 10, 1992, cover
- Los Angeles New Times, “Cop Cruncher,” Oct. 2, 1997, cover
- Los Angeles Times Magazine, “One Angry Man,” June 28, 1998, cover
- California LawBusiness, “Sympathy for the Devil,” Nov. 6, 2000, cover
- Police Misconduct and Civil Rights, Federal Jury Practice and In structions (Thomson West Publishing, 2002), XLVII - LV
- Jerome Herbert Skolnick and James J. Fyfe, Above the Law, Police and the Excessive Use of Force (Free Press, 1993), pp. 17, 18, 146- 64, 203
References
- National Law Journal, February 28, 2011, p. 1, "Yagman unbowed, but getting on with life"
- Los Angeles Daily Journal, October 26, 1997, pg. 1
- Los Angeles Herald Examiner, December 19, 1988, p. 1.
- Cite error: The named reference
bazelonwas invoked but never defined (see the help page). - Lawyers on Trial, Oxford University Press, 2011, pp. 380-83, 456, 457.
- ^ Yagman official website; accessed April 18, 2014.
- Children Who Want an Education v. Governor Pete Wilson, 908 F.Supp. 755 (C.D. Cal. 1995), 997 F.Supp. 1244 (C.D. Cal. 1997), 54 F.3d 599 (9th Cir. 1995), 59 F.3d 1002 (9th Cir. 1995).
- ^ California Bar Journal, Jan. 2011.
- Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001)
- Gherebi v. Bush and Rumsfeld, 374 F.3d 727 (9th Cir. 2004), as amended.
- November 27, 2007 sentencing transcript.
- United States v. Yagman, 345 Fed.Appx. 312 (9th Cir 2009)
- Yagman v. United States, CV-10-09033-SVW (C.D. Cal.); Yagman v. United States, 11-56598 (9th Cir.).
- Los Angeles Daily Journal, "Profile", October 26, 1987, p. 1.
- Los Angeles Daily Journal, "Profile", October 26, 1987, p. 1
- yagmanlaw.net; Yagman, Police Misconduct and Civil Rights, Federal Jury Practice and Instructions (Thomson West Publishing, 2002), XLVII - LV, Los Angeles Daily Journal, "Profile", Oct. 26, 1987, p. 1; Los Angeles Herald-Examiner, “Attorney Tops Cops’ Most Wanted List,” Dec. 19, 1988, p. 1
- Yagman & Yagman & Reichmann
- ^ yagmanlaw.net
- Los Angeles Daily Journal, Oct. , 1987,
External links
- Stephen Yagman - Official website