Friday, November 27, 2015 – 09:00 a.m.
A civil rights lawsuit filed by four African-American women, arising from an alleged altercation at an Adelanto, California Del Taco Restaurant appears headed to settlement discussions.
The development comes after a federal judge set an August 30, 2016 trial date.
Even though the county and sheriff’s department have adamantly denied the incident ever occurred, sources tell InlandPolitics that one defendant in the case has been terminated for their involvement in the incident.
To read the request for settlement conference, click the following link: Shelton v. McMahon, et al – Request for ADR Selection Procedure
The lawsuit, originally filed April 11, 2014, by Barstow Attorney Robert Conaway, on behalf of plaintiff’s Tameca Shelton, Nashay Trice, Fay Young and Emma Jean Young, alleges that McMahon and others, either participated in, or attempted to cover-up, an early morning confrontation in December 2013, which occurred at an Adelanto, California fast food restaurant drive-thru.
The lawsuit specifically alleges that during the aforementioned incident, plaintiff’s were verbally and physically threatened, and assaulted by off-duty sheriff’s personnel and detained for four hours in the back of a marked sheriff’s patrol unit.
On April 25, 2015, U.S. District Court Judge Jesus Bernal granted in part, and denied in part, a request to dismiss the civil complaint. Notably, the court declined to dismiss McMahon as a named defendant. The refusal leaves the sheriff to be treated as others in the case.
To read the court’s detailed minute order, click the following link: Shelton et al v. County of San Bernardino et al – Minute Order
The case is now set to proceed to trial on August 30, 2016.
The specific federal and state causes of action in the original complaint include, among other things, conspiracy, common law battery, retaliation, civil rights violations and negligence, some of which have now been dismissed.
The complaint further alleges:
- The defendants, who, according to the complaint, had been drinking, directed racial slurs at them.
- Security surveillance videotape of the incident, which occurred at a Del Taco Restaurant, was recovered, and then later destroyed or erased by Sheriff’s Department employees.
- Sheriff’s employees locked the plaintiffs’ in the back of a patrol unit for four hours.
The case, Shelton v. McMahon, Case No. EDCV14-00711-JGB-SPx, is pending the the U.S. District Court, Central Disrict of California, Eastern Division.
A search of the San Bernardino County Superior Case Database reflects no criminal charges are pending against any of the four plaintiffs’.
To read the First Amended Complaint, click the following link: Shelton et al v. County of San Bernardino et al – First Amended Complaint
To read the defendant’s answer to the First Amended Complaint, click the following link: Shelton et al v. County of San Bernardino et al – Answer to First Amended Complaint