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Judicial Watch • Dutton v Edmon 12-1888 Complaint

Dutton v Edmon 12-1888 Complaint

Dutton v Edmon 12-1888 Complaint

Page 1: Dutton v Edmon 12-1888 Complaint

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Number of Pages:16

Date Created:March 7, 2012

Date Uploaded to the Library:July 23, 2014

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WATCH,2 2540 Drive, Suite 201 MAR 10: 
San Marino, 
Fax: 
91108 

237-2003 Attorneysfor Plaintiffs 
 1..,,.., ....t ,......... 
"-' "-"' ... THE UNITED STATES DISTRICT COURT 
FOR THE CENTRAL DISTRICT CALIFORNIA 
LESLIE DUTTON and AlvffiRICAN ASSOCIATION WOMEN, INC., Case No. .)) Plaintiffs, COMPLAINT FOR ])ECLARATORY AND IN.TUNCTIVE. RELIEF LEE SMALLEY EDMON, her  DEMAND FOR .JURY TRIAL 
official capacity Judge16 the Su2erior Court 
ofLos ANN her Judge the Supenor 
California, Los Angeles, and BRETT his official capacity Court Counsel the Superior Cou1t Califon1ia, 
ounty Los Angeles, Defendants. 
Plaintiffs LESLJE DUTTON and AMERJCAN ASSOCIATION W011EN, INC. hereby sue Defendants LEE SMALLEY EDMON, ANN JONES, 
Complaint for Declaratory and Injunctive Relief; 
Demand for Jury Trial 
and BRETT BIANCO for violation the First and Fourteenth Amendments 
the Constitution the United States and allege follows: 
JURISDICTION AND VENUE This Complaint for declaratory and injunctive relief asserted 
Plaintiffs LESLJE DUTTON and AMERTCAN ASSOCIATION WOMEN, INC. pursuant U.S.C.  1983 and 1988. The Court has jurisdiction over this action pursuant U.S.C.  1331, 1343(3), and 2201. Venue this Court proper pursuant U.S.C.  139l(b) because substantial part the events omissions giving rise the claim issue 
occurred this judicial district and Defendants reside within this judicial district. 
PARTIES Plaintiff LESLIE DUTTON ("DUTTON") the President Plaintiff 
AMERICk'l ASSOCIATION WOMEN, INC. Plain.ti.ff DUTTON also the producer and host the public affairs television progran1 known Full Disclosure Network. 
Plaintiff Al!.IERICAN ASSOCIATION WOMEN, INC.  ("AMERICAN ASSOCIATION WO:MEN") corporation incorporated  under the laws the State California.  Plaintiff AlvlERICAN ASSOCIATION WOMEN operates not-for-profit, educational organization under Section  501(c)(3) the Internal Revenue Code.  Plaintiff AMERICAN ASSOCIATION WOMEN disseininates the public affairs television program known Full  Disclosure Network.  Defendant LEE SMALLEY  EDMON e'EDMON') is, and all  relevant times herein was, the Presiding Judge the Supe1ior Court California  

Com.plaint for Declaratory and Injunctive Relief; 
Demand for Jury Trial 

County ofLos Angeles ("LASC"). Defendant EDMON being sued her official capacity only. Defendant ANN JONES ("JONES'') is, and all relevant times herein was, Judge the LASC. Defendant JONES being sued her official capacity only. Defendant BRETT BIANCO ("BIANCQH) is, and all relevant times herein was, Court Counsel the LASC. Defendant BIANCO being sued his official capacity only. 
FACTUAL BACKGROUND Full DisclosuTe Network Emmy Award winning public affairs the public Full Disclosure Network's website. Plaintiff LESLIE DUTTON the producer and host Pull Disclosure Network's programs and video biogs. 10. Full Disclosure Network's programs and video news blogs cover wide variety subjects, including national issues, such border security and terrorism, well state and local issues such California Assembly 
proceedings, recall elections, local police practices, public corruption gangs, and education. 
11. 2009, Plaintiffs DUTTON and AMERICAN ASSOCIATION 
WOMEN began series progrmns and video news blogs for Full Disclosure 
Complaint for Declaratory and Injunctive Relief; 
Demand for Jury Trial 

Network concerning certain supplemental benefits paid the County Los 
Angeles judges ofthe LASC. These county-provided benefits were above and 
beyond the salary and benefits that the judges ofthe LASC receive from the State California and had been declared unconstitutional the California Comi 

Appeal 2008. l'he programs and video news blogs created and disseminated 
Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN have been 
featured prominently the Full Disclosure Network website and have been the 
subject numerous press releases and email updates, also issued Plaintiffs 
DUTTON artd AMERICAN ASSOCIATION WOMEN. their programs and 
video news blogs for the Full Disclosure Network about the county-provided benefits, Plaintiffs DUTTON and AMERICAN ASSOCIATION WO:rv.tEN have been very critical the County Los Angeles) the judges the LASC, and the benefits. 
12. Since approximately March 2009, Plaintiffs DUTION and 	AMERICAN ASSOCIATION WOMEN also have been reporting Mr. Richard Fine, controversial, disbarred California attorney, part Full Disclosure Network's programs and video news blogs. Mr. Fine, who has described himself cotut pleadings being "known for fighting government corruption and misappropriation funds state, county and municipal governments'' and claims have been "active fighting judicial corruption" over the last ten years, also has been outspoken critic the county-provided judicial benefits. 
13. From about March 2009 until about September 17, 2010, Mr. Fine was incarcerated the Men's Central Jail the Los Angeles 
County Sheriff's Department pursuant civil conten1pt order entered the Hon. 
Complaint for Declaratory and Injunctive Relief; 
Demand for Jury Trial 

and national media attention, including coverage the Los Angeles Times and 
CNN. 
17. 
LASC has longstanding practice making courtrooms available members ofthe media for filming, including filming news reports about cases public interest, when the courtrooms are not being used for judicial proceedings. The superior court also has longstanding practice making courtrooms available members the public for non-court related meetings and events when the courtrooms are not being used for judicial proceedings. Plaintiff DUTION has personally attended non-court related meetings and events held LASC courtrooms multiple occasions. 

18. about March 2009, Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN made request video record the proceedings the Colony Iv.farina Strand County oflos Angeles matter, which were being held Department the LASC's Stanley Mosk Courthouse and which Mr. Fine was found civil conte1npt and subsequently incarcerated. 

was 
denied Judge Yaffe. 
19. 
approximately May 2010, CNN reporter, Abbie Boudreau, and film crew was granted access Department the LASC's Stanley Mosk Courthouse video record news report about Mr. Fine and his then-continuing incarceration for civil conte111pt. Ms. Boudreau and the CNN film crew subsequently video recorded their report when the courtroom was empty. report prominently featured the judge's bench and the seal the State California 
affixed the wall behind the judge's bench. 
20. about November 15, 2011. 
Plaintiffs DUTTON and AMERICAN ASSOCIATION WO:NIBN sent letter Defendant JONES, who 
Complaint for Declaratory and Ijunctive Relief; 
Demand for Jm-y Trial the time presided and cun-ently presides Department 86_, requesting access 
the courtroom: 
(Full Disclosure Network] E111my Award infom1ational news the tax-exempt 50l(c)(3) American 
Women. now involved production documentary 
progrrun covering the above case. need record account what the court room Department Marc.h 2009 for or .... are you the Judge Departm.ent 86, asking for your 
assistance our media request and obtain access the comi room and the corridor just outside the court room sometime the next 
two weeks. are looking video record two witness accounts 	the that took place 2009 and read from the transcript 
the This will involve total three people. Two 
witnesses one camera operator and will not involve any members 	ofthe public court employees. our tmderstandins; that the Department court room beingused only the and that many times completely empty. our hope that you facilitate this request and provide confirmation and alternative days and times that the court room and 	the corridor would available f{)r this purpose. 
21.. about November 16, 2011, Plaintiffs DUTTON and AMERICAN ASSOCIATION VO:MEN sent follow-up letter Defendant 
EDMON: 
[Full Disclosure Network] Award winning informational produced the non-profit .American Association TI1e producing progrmn covering the above case. are now ready finish this project need record witness accounts what Department and corridor outside March 2009. ... are requesting your assistance with our media request obtain 
access the court room and the corridor iust outside the court room
sometime the next two weeks. need video :record two historical witness accounts the heru.ingand events that took place these two locations back 2009 and 	read from the transcript the proceedings. This will involve total three people. Two witnesses and one camera operator and will not 	involve any members the public court employees. 
Complaint for Declaratory and Injunctive Relief; 
Demand for uty Trial 

Because the historical nature this hnportant that get the shots Department and the just outside. The witness interviews are expected last fol' approximately one half 

hour inside the actual court room. 
22. 
Defendant JONES denied the request Plaintiffs DUTTON and Alv1ER1CAN ASSOCIATION WOMEN, without explanation, order entered about November 18, 2011. 

23. 
Also about November 18, 2011, Plaintiffs DUTTON and AMERlCAN ASSOCIATION WOMEN received facsimile from the LASC notifying them that Defendant EDMON had denied their request video record the corridor outside Department 86. Again, explanation was provided. 

24. denying the request, however, LASC Acting Director Public lnfo1mation Mary Eckhard Hea1n. advised Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN that alternative, they could follow the procedures for commercial requests fihn the courthouse, which entails submitting the required paperwork the Administrative Office the Courts, providing cettificate insurance, and posting fees for any costs arising from the 

filming.'' 
25. about December 2011, Plaintiffs DUTTON and Alv1ERICAN ASSOCIATION WOMEN fhlly and completely executed and filed "Application for Revocable License for the Use Real Property" with the Administrative Offices the Cou.rts, advised the LASC's Acting Director Public Infonnation. their application, Plaintiffs DUTTON and AivffiRICAN ASSOCIATION WOMEN expressly stated that they sought access 
Department for approximately one half hour only "any day [the] courtroom e1npty any time" order video record interviews with two witnesses and read 
Complaint for Declaratory and Injunctive Relief; 

Demand for Jury Trial 
from the transcript ofthe original hearing. Plaintiffs DUTTON and Al1ERJCAN ASSOCIATION WOMEN also requested permission video record 
"hallway shot" and "agree[ pay the costs associated with this event will 
determined the court and the [Administrative Offices the Courts] and provide any additional infommtion and complete any necessary fon11s related the issuanc.e Revocable License for the Use Real Property.'' 26. about December 13, 2011, Defendant BIANCO, acting 

information and belief the direction Defendant EDMON, wrote Plaintiffs 
DUTTON and AMERICAN ASSOCIATION WOMEN and notified them that their application had been denied. Again, explanation was provided. 
27. about December 21, 2011, Plaintiffs DUTTON and 
AMERICAN ASSOCIATION WOMEN, counsel, wrote letter Defendant BIANCO requesting reconside.ration the December 13, 2011 denial 
their application. Defendant BIANCO failed respond. 
28. When Plaintiffs DUTTON and AMERJCAN ASSOCIATION 
W01v1EN received response their December 21, 2011 letter Defendant 
BIANCO, they sent follow-up letter., counsel, Defendant EDMON  about February 2012.  
29. about February 2012, Defendant BIANCO, acting  infonnation and belief the direction Defendant EDMON, wrote letter  counsel for Plaintiffs DUTTON and ANIERICAN ASSOCIATION WOMEN  notifying them that their request for reconsideration the December 13, 2011  

denial their application had been denied. Again., explanation was provided. 
30. The repeated denials Defendants EDMON, JONES, and BIANCO, 
without explanation, the requests Plaintiffs DUTTON and AMERICAN 
Complaint for Declaratory and Injunctive Relief; 

Demand for Jury Trial 
ASSOCIATION WOMEN for ac.cess Department and the corridor outside Department are arbitrary and capricious and are neither necessary preserve 
any overriding govenunental interest nor narrowly tailored serve that interest. 31. infonnation and belief, the repeated denials Defendants EDMON, JONES, and BIANCO the requests Plaintiff DUTTON and AMERICAN ASSOCIATION WOI1.EN for access Department and the corridor outside Department also have been based, least part, Plaintiff DUTTON'S and AMERICAN ASSOCIATION WO:rvIEN's coverage and 
criticism the county-provided benefits paid the judges the LASC and Mr. 

Fine's lengthy incarceration for civil contempt. 
32. The refusal Defendants EDMON, JONES, and BIANCO allow 
Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN access 
Department and the c.ouidor outside Department 86has11armed and harming 
the ability Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN complete their documentary the county-provided benefits and Mr. Fine's lengthy incarceration for civil contempt. also has harmed and harming the ability Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN report and disseminate information and provide conunentary about the county provided be11efits and Mr. Fine's lengthy incarceration for civil contempt, and othenvise carry out theit public interest mission. 
COUNT 
(Violation the Fiist Amendment -42 U.S.C.  1983) 
33. Plaintiffs hereby teallege Paragraphs through fuily stated 
herein. 
Complaint for Declaratory and Injunctive Relief; Demand for Jury Trial 
34. Plaintiff DUTTON and AIffiRICAN ASSOCIATION WOMEN 
enjoy the rights Freedom Speech and Freedon1 the Press, guaranteed 
the First and Fourteenth Amendments the U.S. Constitution. 
35. members the public and members the press, Plaintiff DUTTON and AMERICAN ASSOCIATION WOMEN also enjoy qualified l'ight, under the First and Fou1teenth Amendments the U.S. Constitution, access the courtrooms, hallways, and other facilities the LASC. 
36. Defendants EDMON, JONES, and BIANCO, acting within the course 
and scope their authority and under color state law, have deprived and are 
continuing deprive Plaintiffs DUTTON and AMERICAN ASSOCIATION 
WO:rvr:EN their rights under the U.S. Constitution denying their requests for 
access Department and the corridor outside Depaitment 86. 
37. Plaintiffs DUTTON and A1Y1ERICAN ASSOCIATION WOIVIEN 
are being irreparably and substantially injured direct and proximate result 
Defendants EDMON's, JONES's, and BIANCO'S unlawful deprivation 
Plaintiffs DUTTON's and AMERICAN ASSOCIATION WOMEN's constitutional rights. 38. Plaintiffs DUTTON and AMERICAN ASSOCIATION WOMEN have adequate remedy law. WHEREFORE, Plaintiff respectfully requests that the Court: (1) declare the 
refusal Defendants ED:MON, JONES, and BIANCO allow Plaintiffs 
DUTTON and AlvIERlCAN ASSOCIATION WOMEN access Department 
Complaint for Declaratory and Injunctive Relief; 

Demand for Jury Trial epartq:ienr 86, (3) award Plaintiffs and the corridor out.side 

DUTTON and AMERlCAN!ASSOCTION fees and costs; and grant 11such othert relief thd, attorney's may deem just and --. coper. 
PLAJNTIFF DEMM,IDS t.  -----.. .... 
 -  March .6; 2



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