Stephen Yagman

Stephen Yagman (born December 19, 1944 in Brooklyn, New York) is a Los Angeles-based federal civil rights lawyer.

Youth, education and early career

Yagman was born in 1944 in Brooklyn, New York into a working class family, where he attended Lincoln High School, in Brighton Beach. After attending the State University of New York at Buffalo, he then graduated from Long Island University in Brooklyn. He received a B.A. in American History, with minors in philosophy and political science. He then received a M.A. in philosophy from New York University, where he studied under former Trotskyite Sidney Hook, who supervised his master’s dissertation on the self-incrimination clause of the Fifth Amendment. Hook encouraged Yagman to drop out of the Ph.D. program and begin law school. Yagman then attended Fordham University School of Law from which he received a J.D. degree in 1974.

During graduate school and law school, both of which he attended in the evenings, Yagman taught (English, remedial reading, social studies, economics, and Spanish) in the New York City public school system in Harlem and Bedford Stuyvesant from 1967 to 1974. In 1967, Yagman married Marion R. Yagman (from whom he was divorced in 1994) with whom he continues to practice law, along with his other partner, retired United States Magistrate Judge (1980-96) Joseph Reichmann. [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]

Legal career

Yagman began his legal career the year before he graduated from Fordham Law School, as an attorney intern with the New York City Legal Aid Society, where he was mentored by later-Judge Martin Erdmann. His first job after graduation was as a New York State Special Assistant Attorney General assigned as an Assistant Special Prosecutor to the Manhattan office of the Office of Special Prosecutor for Nursing Homes, run by now Brooklyn District Attorney Charles J. Hynes. He then began private practice in Los Angeles and since then has specialized in police misconduct, civil rights in federal courts, and has tried to verdict more than 200 federal police misconduct cases and has argued over 150 federal appeals. In November, 1997, he was appointed Special Prosecutor for the State of Idaho to prosecute FBI sniper Lon T. Horiuchi in the notorious, August 22, 1992 Ruby Ridge killing of Vicki Weaver and served in that position pro bono until 2001, when he 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 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). [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]

Prison Time

Currently serving a three year prison term at Butner Federal Correctional Complex (FCC) in Butner, North Carolina. Convicted for for tax evasion, money laundering and bankruptcy fraud. Projected release date 11/08/2010.

Cases

Yagman has prosecuted hundreds of notable cases and scores have resulted in landmark decisions among them:

"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 denial of right to access to sue in federal court by interfering with a plaintiff’s right to counsel);

"Hawkins v. Comparet-Cassini", 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). [ [http://www.yagmanlaw.net Yagman & Yagman & Reichmann ] ]

Writings

Yagman has written two nationally-important legal practice books and one play, and hundreds of newspaper columns for the Los Angeles legal newspaper, the Los Angeles Daily Journal, and the Los Angeles Times. 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. [ [http://www.yagmanlaw.net yagmanlaw.net] ]

Trivia

Yagman did not learn to read until he was 12 years old ["Los Angeles Daily Journal", Profile, Oct. 26, 1987, p. 1]

From 1962-66, Yagman was a lifeguard in Coney Island. ["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]

Yagman was mentored by former N.Y. City Legal Aid Society director Martin Erdmann, Black Panther attorney Charles Garry, and former U.S. Attorney General Ramsey Clark. ["Los Angeles Daily Journal", Profile, Oct. 26, 1987, p. 1]

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 [that] 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 [legal] 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, People’s 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 Ass’n, President’s Award, “In recognition of [Yagman’s] 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.” [ [http://www.yagmanlaw.net yagmanlaw.net] ]

1974, Guild of Catholic Lawyers, Jurisprudence Award. [ [http://www.yagmanlaw.net yagmanlaw.net] ]

ources

* "Los Angeles Daily Journal", Profile, Oct. 26, 1987, p. 1
* "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 Instructions" (Thomson West Publishing, 2002), XLVII - LV
* Jerome H. 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

External links

* [http://www.yagmanlaw.net Stephen Yagman] - Official websitehttp://overlawyered.com/2007/12/update-stephen-yagman-draws-three-year-sentence/ - Information about Stephen Yagman's prison sentence.