Brooks files claim against Oakland
Councilwoman claims the City Attorney’s Office botched its case representing her
OAKLAND >> Councilwoman Desley Brooks has filed a claim against the city of Oakland, alleging the City Attorney’s Office botched its case representing her from a lawsuit filed by former Black Panther leader Elaine Brown.
The claim filed Tuesday is a precursor to the lawsuit and comes nearly 10 months after an Alameda County jury found Brooks committed elder abuse against Brown and ordered the city and Brooks to pay damages. Brooks allegedly pushed Brown during an argument inside a Jack London Square barbecue joint in 2015, causing injuries to Brown when she fell over some chairs.
The jury ordered Oakland to pay $3.75 million and Brooks $550,000 in punitive damages but a judge later reduced the amounts to $1.2 million and $75,000, respectively. The judge also ordered Oakland pay $1 million in attorneys fees to Brown. Brooks’ attorney, Dan Siegel, said his office researched the case and found “a number of documented errors and clear evidence” that refutes Elaine Brown’s claims. According to Siegel, evidence not presented at trial shows Brooks acted in self defense and that Brown has a history of threats and violence. Siegel also alleges the city’s lawyers failed to question key medical evidence. The claim filed by Brooks alleges Brown poked her in the chest and called her derogatory names before the push occurred. Afterward, Brown went out to her car to supposedly retrieve a weapon, the claim 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, cause an unjustified award of significant money damages against the City of Oakland and grave harm to reputation and emotional stress to Desley Brooks, councilmember and client of the City Attorney’s office,” Brooks’ attorney, Dan Siegel, wrote in a statement.
The claim names Parker and three of her staff members, Otis McGree Jr., Colin Warren and Selia Warren.
City Attorney spokesman Alex Katz issued a statement Tuesday afternoon, referencing the judge’s finding that Brooksgave false testimony during the December civil hearings.
“Frankly, we are very surprised to receive this claim from Desley Brooks given this office’s professional and diligent defense in this case,” Katz said. “It is not surprising that she is unhappy with the judge’s ruling that she committed perjury, with the judge’s and the jury’s findings of fact, and with their $75,000 punitive damages award against her personally. It is unfortunate that her claims are full of inaccuracies and falsehoods. Of course, we will treat her claim like any other and respond at the appropriate time.”