Restraint

Underdog Lawyer Triumphs Over Large Firm in Landmark Restraint of Trade Ruling, Sparking Hope for Legal Independence

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Gqeberha, South Africa — In a remarkable legal showdown, family lawyer Lizette Ferns has secured a significant victory against a prominent law firm, Kaplan Blumberg Attorneys, concerning a contested restraint of trade clause. The high court’s decision has resonated positively among younger attorneys at larger firms, who view the ruling as a reaffirmation of their professional autonomy. Ferns experienced a wave of relief last week when the Gqeberha high court dismissed Kaplan Blumberg’s attempt to enforce the clause that would have barred her from working with clients after leaving the firm. This legal battle dates … Read more

Family Files Lawsuit After San Diego Man Dies Following Bar Incident and Police Restraint

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SAN DIEGO — The family of a man who died shortly after a confrontation at a downtown bar has filed a lawsuit against the City of San Diego and the police officers involved in the incident. Gabriel Jesus Garza, 40, was removed from the Star Bar on January 25 after security staff reported a disturbance during which Garza allegedly bit a guard. The federal lawsuit, submitted in San Diego, claims that officers restrained Garza face down until he became unresponsive. Following his death, the lawsuit contends that the city has failed to provide necessary information … Read more

Ninth Circuit Affirms Jury Ruling in Police Restraint Case, Upholding Accountability Despite Lack of Excessive Force Claims

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Los Angeles, California — The U.S. Court of Appeals for the Ninth Circuit recently upheld a jury’s decision in a case involving the death of a man during a police restraint incident, ruling that negligence could be established even in the absence of excessive force claims. The case revolved around the events of a 2016 arrest when officers used physical means to subdue the individual, who subsequently died. Evidence presented during the trial suggested that the officers had acted within the standards for use of force but still failed to provide necessary medical assistance, which … Read more

Ninth Circuit Affirms $1.5 Million Negligence Verdict Against Riverside Deputies in Controversial Restraint Case

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RIVERSIDE, Calif. — A ruling from the Ninth U.S. Circuit Court of Appeals has upheld a $1.5 million verdict awarded to the family of a man who died after interactions with sheriff’s deputies. The court determined that while there was no violation of the Fourth Amendment, the deputies showed negligence by failing to provide necessary medical assistance after restraining the individual. The case involves the death of Kevin Niedzialek, who became unresponsive following a confrontation with Riverside County Sheriff’s deputies in July 2019. Deputies Brian Keeney and Sonia Gomez responded to reports of Niedzialek, who … Read more