(42 U.S.C. § 1983 – Wrongful Incarceration) (Plaintiff against defendants Riverside County, RCSD and Does)  (42 U.S.C. § 1983 – Wrongful Incarceration/Fourth Amendment) (Plaintiff, individually and as class representative, against defendants LASD, LA County, Baca and Does)  (42 U.S.C. § 1983 – Damages – Fourth Amendment Particularity) (Plaintiff, individually and as class representative, against defendants LASD, LA County, Baca and Does)  (42 U.S.C. § 1983 – Wrongful Incarceration/Fourteenth Amendment) (Plaintiff, individually and as class representative, against defendants LASD, LA County, Baca and Does)  (Cal. Const., Art. I § 13 – Wrongful Incarceration) (Plaintiff, individually and as class representative, against defendants LASD and LA County)  (Cal. Const., Art. I § 13 – Wrongful Incarceration) (Plaintiff as against defendants Riverside County and RCSD)  (False Imprisonment) (Plaintiff, individually and as class representative, against defendants Riverside County and RCSD)  (False Imprisonment) (Plaintiff, individually and as class representative, against defendants LA County and LASD)  )  DEPT.; COUNTY OF LOS ANGELES; LOS � )  ANGELES CO. SHERIFF’S DEPT.; LEE BACA, in � )  both his personal and individual capacit 5 0’44 � )  yccJ � c4v � C cpC/X\Si  34. Plaintiff brings this action on his own behalf, and on behalf of the class of all other persons similarly situated, pursuant to Rule 23, Federal Rules of Civil Procedure.  35. There is a “Particularity Class” under F.R.Cv.Proc. 23(b)(3), defined as follows: A. Booked into an LASD jail at any time on or after November 26, 2010, through the present, based on one or more Los Angeles court bench warrants entered in CWS; and B. Was released because it was determined that the person was not the subject of the CWS warrant(s); and C. The CWS warrant information did not include the warrant subject’s CII number even though at the time of creation of the CWS warrant entry, LA County personnel had actual knowledge of the warrant subject’s CII number.  36.Thereisa“WrongfulIncarcerationClass”underF.R.Cv.Proc.23(b)(3),defined as follows: A. Booked into an LASD jail at any time on or after November 26, 2010, through the present, based on one or more Los Angeles court bench warrants entered in CWS; and B. Was released because it was determined that the person was not the subject of the CWS warrant(s); and C. LASD personnel had actual knowledge that the warrant subject’s CII number did not match to the CII number of the person booked on the warrant or LASDpersonnel had actual knowledge that the warrant subject’s LAMainnumber did not match to the LA Main number of the person booked on the warrant  44. On November 18, 1994, in People v. Mario Loya Garcia, LA Superior Court No. BA096224-01, the court issued a no-bail felony bench warrant for the arrest of one Mario Loya Garcia (“suspect Garcia”) who is not the Plaintiff. The warrant charged violations of Cal. Health & Safety Code § 11351 (possession for sale) and Cal. Penal Code § 1203.2 (violation of probation). Per the procedure described above, LA County personnel created a bench warrant record in CWS. LA County personnel also created an entry in WPS alerting agencies outside of Los Angeles County to the existence of the suspect Garcia warrant.  59. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  60. Plaintiff brings this cause of action on his own behalf and in his representative capacity for the Particularity Class.  61. The conduct complained occurred because of policies, practices and customs of LA County and LASD, approved and/or ratified by Baca, by which Plaintiff means these defendants do not require that even thoughactuallyknowntoLACountypersonnel, CII numbers and other unique identifiers are not inputted into WPS and CWS. Had the unique fingerprint-matched identifiers CII and LA Main numbers of which defendants’ personnel had knowledge been inputted into CWS and WPS, Plaintiff and the members of the Particularity Class would not have been booked and incarcerated in the LA County jail.  62. The imprisonments of Plaintiff and class members onwarrants meant for others were proximately caused by the violation of the particularity clause of the Fourth Amendment, thereby entitling Plaintiff and the Particularity Class members to recover compensatory damages for their respective wrongful imprisonments.  64. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  65. Plaintiff brings this cause of action on his own behalf and in his representative capacity for the Wrongful Incarceration Class.  66. The imprisonments of Plaintiff and Wrongful Incarceration Class members on warrants meant for others, violated their Fourth Amendment rights in that as alleged above, official and reliable law enforcement information, including reliable fingerprint- matched identifiers and other information to which had or which they had easy access with virtually no appreciable effort or cost, excluded Plaintiff and class members as the subjects of the warrants on which they were incarcerated. Therefore, Plaintiff and the class he represents, are entitled to recover damages for the wrongful imprisonments.  67. Defendants LA County, LASD and Baca are liable because the wrongful acts were pursuant to policies, practices and/or customs described above, approved and/or ratified by Baca. 68. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  72. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  73. Plaintiff brings this cause of action on his own behalf and in his representative capacity for the Particularity and Wrongful Incarceration Classes.  76. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  77. Plaintiff brings this cause of action on his own behalf and in his representative capacity for the Particularity and Wrongful Incarceration Classes.  78. The wrongful imprisonments of Plaintiff and the Classes on warrants meant for another,constituted falseimprisonment,therebyentitlingPlaintiffandtheClassmembers to recover compensatory damages for their wrongful imprisonments. Sullivan v. County of Los Angeles, 12 Cal.3d 710 (1974). 79. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  82. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  83. The booking and imprisonment of Plaintiff in the Riverside County jail on the suspect Garcia no-bail felony warrant violated Plaintiff’s rights protected under Art. I § 13 of the California constitution, in that as alleged above, official and reliable law enforcement information, including reliable fingerprint-matched identifiers and other information to which had or which they had easy access with virtually no appreciable effort or cost, excluded Plaintiff as the subject of the warrant. Therefore, Plaintiff is entitled to recover damages from defendants Riverside County and RCSD for the wrongful imprisonment, including compensation for the time incarcerated in the LA County jail since that incarceration was proximately caused by the booking on the felony warrant in the Riverside County jail.  85. Plaintiff restates and incorporates by reference the foregoing paragraphs as if each paragraph was fully set forth herein.  86. The wrongful imprisonment of Plaintiff on the suspect Garcia no-bail felony warrant, constituted false imprisonment, thereby entitling Plaintiff to recover compensatory damages from defendants Riverside County and RCSD for the wrongful imprisonments in both the LA County and Riverside County jails. Sullivan v. County of Los Angeles, 12 Cal.3d 710 (1974). A. Biometric Identifiers Matched To Fingerprints.  A. Biometric Identifiers Matched To Fingerprints. . . . . . . . . . . . . . . . . . . . . . . 3 CII numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 FBI numbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 LA Main numbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Livescan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Warrant Databases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. CWS (County Warrant System). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. WPS (Wanted Person System). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 F. Criminal Histories. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 V. VI. FACTS RE PLAINTIFF’S ARREST/INCARCERATION. . . . . . . . . . . . . . . 14 FIRST CAUSE OF ACTION (42 U.S.C. § 1983 – Damages – Fourth Amendment Particularity) . . . . . . . . . 20