Date: 05-04-2023

Case Style:

Mickail Myles v. County of San Diego, et al.

Case Number: 15-CV-1985

Judge: John H. HOuston

Court: United States District Court for the Southern District of California (San Diego County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: San Diego, California personal injuy lawyer represented Plaintiff who sued Defendants civil rights excessive force theory.


Plaintiff argues Defendants ignore evidence detailing the trauma, humiliation, and anxiety he endured as a result of the event. He points to his testimony regarding the details of the encounter and how he was placed in the patrol car by Defendant Banks who told Plaintiff the incident would not have happened had Plaintiff not been a “retard” and listened to Banks' orders and that the physician stated “look what the dog drug in” when he arrived at the hospital. He also maintains he testified that his scar is a constant reminder of the event and that he fears for his sons and that he is unable to protect them from similar harm. Plaintiff also discusses the testimony of his family members regarding his behavior after the incident which included testimony that he withdrew and did not participate in family events. Additionally, Plaintiff contends Dr. Monte Buchsbaum testified that Plaintiff suffered from traumatic brain injury, PTSD, depression and anxiety and opined that Plaintiff will suffer from depression, anxiety and PTSD for the rest of his life. Plaintiff argues the jury was properly instructed to base its verdict on the evidence and law presented and not be influenced by sympathy, prejudice, public opinion or biases.

Outcome: 10/14/2022 439 JURY SPECIAL VERDICT FORM in favor of Plaintiff against Defendant. (Attachments: # 1 Unredacted Special Verdict Form)(lrc) (Entered: 10/14/2022)
10/14/2022 440 JUDGMENT in favor of Plaintiff against Defendants. Jury Trial completed on 10/11/2022. Signed by Judge John A. Houston on 10/11/2022.(smy1)(jrd) (Entered: 10/14/2022)
10/20/2022 441 Joint MOTION for Extension of Time to File Post-Trial Motions and Cost Bill by Mickail Myles. (Dicks, Joseph) (smy1). (Entered: 10/20/2022)
10/24/2022 442 ORDER Granting 441 Joint Motion for Extension of Time to File Post-trial Motions and Cost Bill. Motions due by 11/14/2022. Signed by Judge John A. Houston on 10/24/2022. (smy1)(jrd) (Entered: 10/24/2022)
10/24/2022 443 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 19, A.M., Closing Arguments held on 10/7/2022, before Judge John A. Houston. Court Reporter/Transcriber Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/14/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (smy1)(jrd) (Entered: 10/24/2022)
10/24/2022 444 Redaction of 443 Transcript, Jury Trial Day 19, A.M., Closing Arguments held on 10/7/2022, before Judge John A. Houston. Court Reporter/Transcriber Anne Roldan. (smy1)(jrd) (Entered: 10/24/2022)
11/14/2022 445 MOTION for Attorney Fees and Costs by Mickail Myles. (Attachments: # 1 Declaration of Browne Greene, # 2 Declaration of Joseph G. Dicks, # 3 Declaration of Daniel Balaban, # 4 Declaration of Holly Boyer, # 5 Declaration of Eugene Iredale, # 6 Declaration of Carol Sobel, # 7 Declaration of David Casey, Jr.)(Dicks, Joseph) (smy1). (Entered: 11/14/2022)
11/14/2022 446 SUPPLEMENTAL DOCUMENT by Mickail Myles re 445 MOTION for Attorney Fees and Costs -Plaintiff's Bill of Costs-. (Attachments: # 1 Declaration of Joseph G. Dicks, # 2 Notice)(Dicks, Joseph) (smy1). (Entered: 11/14/2022)
11/14/2022 447 MOTION for New Trial by J. Banks, County of San Diego. (Attachments: # 1 Declaration of Mildred O'Linn, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(O'Linn, Mildred) (smy1). (Entered: 11/14/2022)
11/14/2022 448 MOTION for Judgment as a Matter of Law by J. Banks, County of San Diego. (Attachments: # 1 Declaration of Mildred O'Linn, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(O'Linn, Mildred) (smy1). (Entered: 11/14/2022)
11/17/2022 449 ORDER Granting Plaintiff's Motion for Leave to File Documents Under Seal Re Plaintiff's Special Instructions re 385 MOTION to File Documents Under Seal filed by Mickail Myles. Signed by Judge John A. Houston on 10/11/2022.(smy1) (Entered: 11/17/2022)
11/17/2022 450 ORDER Granting Plaintiff's Motion for Leave to File Documents Under Seal Re Plaintiff's Request for Judicial Notice in Support of Instructions 27 Re Willful Suppression of Evidence (Modified) re 390 MOTION to File Documents Under Seal filed by Mickail Myles. Signed by Judge John A. Houston on 10/11/2022.(smy1) (Entered: 11/17/2022)
11/18/2022 453 ORDER Setting Briefing Schedule on 445 Plaintiff's MOTION for Attorney Fees and Costs, 448 Defendant's MOTION for Judgment as a Matter of Law , 447 Defendant's MOTION for New Trial : (Responses due by 12/5/2022, Replies due by 12/16/2022.). Signed by Judge John A. Houston on 11/17/2022.(smy1)(jrd) (Entered: 11/18/2022)
11/28/2022 454 **WITHDRAWN per 455 ** [Ex Parte MOTION to Stay re 453 Order Setting Briefing Schedule, Set Motion and R&R Deadlines/Hearings, Or, In The Alternative, To Modify The Briefing Schedule by J. Banks, County of San Diego. (Attachments: # 1 Memo of Points and Authorities Points and Authorities, # 2 Declaration Declaration of Mildred K. O'Linn)(Renick, Steven) QC Mailer sent as not signed by account holder (smy1). (Entered: 11/28/2022)
11/30/2022 455 NOTICE OF WITHDRAWAL OF DOCUMENT by J. Banks, County of San Diego re 454 Ex Parte MOTION to Stay re 453 Order Setting Briefing Schedule,, Set Motion and R&R Deadlines/Hearings, Or, In The Alternative, To Modify The Briefing Schedule filed by J. Banks, County of San Diego and intention to re-file through different CM/ECF account. (Renick, Steven)(smy1). (Entered: 11/30/2022)
11/30/2022 456 Ex Parte MOTION to Stay re 453 Order Setting Briefing Schedule,, Set Motion and R&R Deadlines/Hearings, Or, In The Alternative, Modify The Briefing Schedule For That Motion by J. Banks, County of San Diego. (Attachments: # 1 Memo of Points and Authorities Points and Authorities, # 2 Declaration Declaration of Mildred K. O'Linn, # 3 Proposed Order)(O'Linn, Mildred) (smy1). (Entered: 11/30/2022)
11/30/2022 457 RESPONSE in Opposition re 456 Ex Parte MOTION to Stay re 453 Order Setting Briefing Schedule,, Set Motion and R&R Deadlines/Hearings, Or, In The Alternative, Modify The Briefing Schedule For That Motion filed by Mickail Myles. (Attachments: # 1 Declaration of Daniel Balaban, # 2 Exhibit A)(Dicks, Joseph) (smy1). (Entered: 11/30/2022)
12/01/2022 458 REPLY to Response to Motion re 456 Ex Parte MOTION to Stay re 453 Order Setting Briefing Schedule,, Set Motion and R&R Deadlines/Hearings, Or, In The Alternative, Modify The Briefing Schedule For That Motion filed by J. Banks, County of San Diego. (Attachments: # 1 Declaration Declaration of Steven J. Renick)(Renick, Steven) (smy1). (Entered: 12/01/2022)
12/02/2022 459 ORDER granting 456 Motion to Stay. Briefing on Plaintiff's Motion for Attorney Fees and Costs 445 is vacated.Signed by Judge John A. Houston on 12/02/2022. (lea) (Entered: 12/02/2022)
12/05/2022 460 RESPONSE in Opposition re 448 MOTION for Judgment as a Matter of Law filed by Mickail Myles. (Attachments: # 1 Declaration of Joseph G. Dicks, # 2 Exhibit A, # 3 Exhibit B (Part 1 of 2), # 4 Exhibit B (Part 2 of 2))(Dicks, Joseph) (smy1). (Entered: 12/05/2022)
12/05/2022 461 RESPONSE in Opposition re 447 MOTION for New Trial filed by Mickail Myles. (Attachments: # 1 Declaration of Joseph G. Dicks, # 2 Exhibit A, # 3 Exhibit B (Part 1 of 2), # 4 Exhibit B (Part 2 of 2))(Dicks, Joseph) (smy1). (Entered: 12/05/2022)
12/16/2022 462 RESPONSE in Support re 447 MOTION for New Trial , 448 MOTION for Judgment as a Matter of Law filed by J. Banks, County of San Diego. (O'Linn, Mildred)(smy1). (Entered: 12/16/2022)
05/04/2023 463 ORDER Denying 447 Motion for New Trial; Denying 448 Motion for Judgment as a Matter of Law. Defendants shall file a response to the motion for attorney fees and costs 445 on or before May 15, 2023; Plaintiff may file a reply in support of his motion on or before May 24,2023. Signed by Judge John A. Houston on 5/4/2023. (smy1) (Entered: 05/04/2023)

Plaintiff's Experts:

Defendant's Experts:

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