Mendez v. City of Gardena

March 30, 2016

After media organizations received copies of a police shooting video because the federal district court would not stay its order pending appeal, the City of Gardena appealed to the Ninth Circuit, arguing that in such cases a stay should be automatic. In our amicus brief, we argued that the current standard for imposing a stay was sufficient; no stay should be allowed if the party cannot show there is an irreparable injury that is more important than the public interest at stake. The public interest in seeing exactly what happened in a police shooting, particularly where police paid a settlement with the express purpose of keeping the video secret, is overwhelming in this case, the brief argued.