City Government

New Evidence and Lawsuit Support Brooks’ Self Defense Argument

Published

6 years ago

October 11, 2018

After months of investigation, the law firm of Siegel, Yee & Brunner filed a claim on behalf of Oakland City Councilmember Desley Brooks this week against the City Attorney’s office of Oakland alleging that City Attorney Barbara Parker and her staff failed to competently represent Brooks in a lawsuit brought against her and the City by Elaine Brown, a former Black Panther chairwoman.

Barbara Parker, the City Attorney, represented Brooks in a civil trial that concluded in March 2018. The City lost the case and ultimately had to pay a $1.2 million fine and $1 million in legal fees. Brooks was required to pay $75,000.

This is not the only trial Parker and her team have lost. A recent investigation by the East Bay Express found that Parkers’ office lost or settled cases that have cost the City $26,478,638 in approximately 117 lawsuits against the City, not including a recent $12 million judgment in a recent police incident.

City Attorney Barbara Parker

“It is clear that City Attorney Parker and her staff have failed to perform their duties and that change is needed,” said Dan Siegel, lead attorney of the firm Siegel, Yee & Brunner in Oakland. Siegel told the Post that he conducted research, interviews and “went through the entire record of the (Brooks vs. Brown) trial—the transcript and the documents that each side filed.”

“The job done by the City Attorney’s office was clearly inadequate…and led to the result that we saw,” he said.

“Our findings make the case that City Attorney Barbara Parker and her staff, through a pattern of negligence, poor preparation, and/or lack of competence, caused an unjustified award of significant money damages against the City of Oakland and grave harm to her reputation and emotional stress to Desley Brooks, councilmember and client of the City Attorney’s office,” said Siegel in a media release.

The case of Elaine Brown v. City of Oakland and Desley Brooks was based on an incident that took place between Brooks and Brown on Oct. 30, 2015 at an Oakland restaurant in Jack London Square. The jury found that Brooks had assaulted Brown by pushing her to the floor.

Elaine Brown is a former Black Panther and currently a nonprofit real estate developer.

However, this claim alleges that the jurors could have come to a different conclusion had City Attorney Parker conducted a stronger case.

The record shows, according to the claim, that the performance of City Attorney Barbara Parker’s staff led to the verdicts against the City of Oakland and Brooks, through “professional negligence, repeated failure to object to improper evidence, and inability to present a strong case.”

According to the claim, evidence shows that:

“Brooks acted in reasonable self-defense to protect herself from Elaine Brown.”
“Brown’s history of threats and violence demonstrated that she was the aggressor in the physical confrontation with Brooks.”
“Brown’s (action) in retrieving a weapon from her car to continue the confrontation with Brooks shows she was not injured.”
Complete medical evidence was not admitted.

Brooks in an April 25, 2016 statement said that Brown “poked her several times in the chest” “before Brooks pushed Brown away, resulting in her falling over and injuring herself.

Brooks’ statements were corroborated by the testimony of another eyewitness, the claim said.

Attorneys for the City also failed to present evidence of Brown’s use of alcohol on the date of the incident or evidence of the “threatening and abuse language she used against Ms. Brooks, including a threat by Brown to “kick her ‘m** f** ass,’” according to the claim.

Further, the claim said that Brown “went to her car to get a pipe after Ms. Brooks pushed her, saying “I’m going to get that b***.”

Contacted by the Post, Alex Katz, spokesman for City Attorney Parker, replied in an emailed statement.

“Frankly, we are very surprised to receive this claim from Desley Brooks given this office’s professional and diligent defense in this case,” he said.

Recently, the City Attorney’s Office also lost the high profile Bulk Terminal Coal case and a major motion in the Ghostship case that could lead to millions of dollars in debt to the City.

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Activism

City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

23 hours ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org

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Activism

BWOPA Honors Black Leadership and Legacy at 2024 Ella Hill Hutch Awards Dinner

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills. At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

Published

1 day ago

December 18, 2024

Oakland Post

L-R: BWOPA State Executive Director LaNiece Jones; State Asm. Mia Bonta; BWOPA 2024 Man of The Year/Urban League SFBA CEO Ken Maxey; BWOPA State President Hon. Dezie Woods-Jones; State Senator Lola Smallwood-Cuevas; Rowena Brown, Oakland Councilmember At-Large, Elect; BWOPA State Regional Director Vashone Huff. Courtesy photo.

By Oakland Post Staff

Black Women Organized for Political Action (BWOPA) is a statewide non-profit advocacy and membership organization committed to solving problems affecting Black Californians.

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills.

At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

The evening was hosted by Dr. Shawna Charles, founder of The Charles Communications Group (CCG) headquartered in Los Angeles. Charles served as mistress of ceremonies.

With a track record of elevating voices and empowering communities, Charles’ leadership and insight brought a certain dynamism to the celebration.

“Each year, this event not only celebrates the enduring legacy of our beloved BWOPA founding member, Ella Hill Hutch, but also reaffirms and amplifies our unwavering commitment to building and sustaining Black political power across California,” said Dezie Woods-Jones, BWOPA founding member and State president.

“Ella Hill Hutch’s trailblazing leadership continues to inspire us as we forge ahead, empowering Black women to lead, advocate, and shape a more equitable future for all,” added Woods-Jones.

This year’s event introduced the DWJ Rising Star Award, honoring young leaders like Solano County Board Supervisors-elect Cassandra James, Danielle Motley-Lewis, Naomi Waters and newly elected State Assemblymember elect Rhodesia Ransom (D-Stockton).

According to organizers, the awardees all exemplify “the next generation of changemakers.”

Other awardees included:

Lifetime Achievement Awardees: Congresswoman Barbara Lee (D-CA-12) and Alameda County Supervisor Keith Carson
Man of the Year: Kenneth Maxey, CEO of the Greater SF Bay Area Urban League
President’s Corporate Award: Yvette Radford, Kaiser Permanente
In the Spirit of Ella State and Chapter Awards: Dr. Carolyn Greene, Dr. Marcella K. Smith, Dr. Carolyn Drake, Tinisch Hollins, Jackie Jones, Gloria Burgess Johnson, Tamika L’Ecluse, Ellen Nash, Betty Reid Soskin, and Ay’Anna Moody.

BWOPA also celebrated local champions across its chapters, including leaders in voter education, healthcare, criminal justice reform, and community advocacy.

In a statement, BWOPA said, “Honoring Ella Hill Hutch’s legacy, BWOPA recognizes her pioneering efforts as the first Black woman elected to the San Francisco Board of Supervisors. Her tireless work amplifying underrepresented voices continues to inspire BWOPA’s mission to build Black political power across California.”

“We extend our heartfelt thanks to our members, partners and allies who believe in BWOPA’s vision to invest in building power for Black women’s leadership,” said LaNiece Jones, BWOPA State executive director. “Your support ensures that Black women have a voice at decision-making tables locally, regionally, statewide, and nationally, advancing diversity and equity in leadership spaces.”