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Ernest Simon, Jr. v. City of Los Angeles, et al.

Council File 23-1286

Introduced
2023-11-14
Last changed
2026-05-20
Status
open
Expires
2028-05-19
Committee
Budget and Finance Committee
Initiated by
City Attorney
References
United States District Court Case No. 22-cv-01775-SSS-GJSClaim: C22-01413City Attorney Report: R23-0405; R26-02719th Circuit Court of Appeals Case: 24-6351

Brief

The City Attorney initiated this file to obtain Council authorization for closed-session settlement negotiations in Ernest Simon, Jr. v. City of Los Angeles, a federal civil rights case filed in U.S. District Court (Case No. 22-cv-01775-SSS-GJS). Council adopted the motion 12-0-3 on January 19, 2024, authorizing the City Attorney to pursue settlement discussions. The file remains open pending Budget and Finance Committee review of recent City Attorney updates submitted in May 2026.

Full summary

This Council file concerns settlement authority in a federal civil rights lawsuit brought by Ernest Simon, Jr. against the City of Los Angeles and other defendants. According to the City Attorney's 2026 report, the case arises from a high-risk traffic stop in Tarzana, California on March 18, 2021. The City Attorney first requested closed-session authority in October 2023 to allow the Council and its legal counsel to discuss a potential settlement recommendation from the Claims Board. The Budget, Finance and Innovation Committee considered the matter in closed session on December 13, 2023. On January 19, 2024, the full Council voted 12-0 with 3 abstentions to adopt the motion, granting the City Attorney authorization to negotiate settlement. The case has since expanded to the appellate level, with a 9th Circuit Court of Appeals proceeding opened under Case No. 24-6351, signaling the litigation remained contested after the initial settlement authorization. In May 2026, City Attorney Hydee Feldstein Soto submitted a new report — signed by Kathleen Kenealy, Chief of the Civil Litigation Branch — again requesting that the Council convene in closed session to receive legal advice and discuss a Claims Board recommendation in the still-pending litigation. The report's distribution list includes senior LAPD personnel and Board of Police Commissioners staff, reflecting the law enforcement dimension of the underlying traffic stop incident. That report was referred to the Budget and Finance Committee on May 20, 2026. The file remains open and pending in the Budget and Finance Committee. The renewed closed-session request suggests that settlement discussions have not yet concluded, or that new developments in the federal and appellate proceedings require fresh Council guidance. The file is set to expire May 19, 2028.

Activity (8)

  • 2026-05-20 City Attorney document(s) referred to Budget and Finance Committee.
  • 2026-05-19 Document submitted by City Attorney, dated May 7, 2026.
  • 2024-01-19 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.
  • 2024-01-16 City Clerk scheduled item for Council on January 19, 2024.
  • 2023-12-13 Budget, Finance and Innovation Committee considered this matter in Closed Session on December 13, 2023
  • 2023-12-07 Budget, Finance and Innovation Committee scheduled item for committee meeting on December 13, 2023.
  • 2023-11-15 City Attorney document(s) referred to Budget, Finance and Innovation Committee.
  • 2023-11-14 Document(s) submitted by City Attorney, as follows:City Attorney report R23-0405, dated October 26, 2023, relative to a request for closed session to discuss settlement in the case of Ernest Simon, Jr. v. City of Los Angeles, et al.

Documents (5)

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