Shannon L. Gustafson

Overview

Shannon Gustafson has spent her entire career defending public entities in a variety of areas, including general torts, civil rights, police liability, employment matters, and dangerous conditions of public property, in both California state and federal courts. Ms. Gustafson served as a Deputy County Counsel for the County of San Bernardino from June 2019 until March of 2020 when she returned to private practice.

Ms. Gustafson has been part of successful trial teams throughout her career involving police officer liability and employment law matters. Most recently, Ms. Gustafson served as lead trial counsel in Baros v. Ramirez, 17-cv-00948 WLH, Central District California – Los Angeles. The matter involved allegations by a former inmate in the County jail that deputies used excessive force and/or failed to intervene causing Plaintiff to suffer a traumatic brain injury. While Defendants admitted punching Plaintiff several times in the head, Ms. Gustafson successfully argued the force used was necessary given Plaintiff’s active resistance and threat to the security of the facility. The jury returned a unanimous defense verdict after only a few hours of deliberation. Ms. Gustafson also served as co-chair in the Landaverde v. City of Fontana, Case No. CIVDS 1208532, trial which involved a wrongful death claim arising out of an automobile accident occurring while a police officer was responding to an emergency call. Despite Plaintiffs’ request for $20 million, the jury returned a defense verdict. And, Ms. Gustafson served as co-counsel in the high-profile matter of Drakodaidis v. County of Orange, Case No. 30- 2014-00720698, a case arising out of allegations by the former Assistant Deputy CEO of the County of Orange that she was wrongfully terminated due to her gender and whistleblower status, again trial resulted in a defense verdict.

Ms. Gustafson was also part of the trial team on Carbajal v. County of Orange, wherein the former Director of Public Works alleged he was wrongfully terminated in violation of FEHA and the Labor Code. After significant pretrial rulings were made, Plaintiff dismissed all claims on the first day of trial. Ms. Gustafson has also served as co-counsel on several police liability matters that have resulted in favorable verdicts for peace officers, including Agner v. City of Hermosa Beach, Case No. CV-04-444-JWJ (defense verdict); Peralez v. County of Orange Case No. SACV 04-443-DOC (defense verdict); Sharpless v. County of Orange, 12-cv- 02132-DOC (defense verdict); Nunn v. County of Orange, 06-2275-AG ($2,100 award on one claim, defense verdict on remaining claims); and Deats v. County of Orange, Case No. CV-09-6322-PSG (defense verdict on most claims, $49,451 jury award well below Plaintiff’s $4 million dollar request).

Ms. Gustafson’s exemplary writing skills have resulted in early dismissals either through a Motion to Dismiss or Summary Judgment, saving her clients millions of dollars in potential jury verdicts. Most recently, she was successful in obtaining summary judgment involving allegations that Deputies were deliberately indifferent causing the death of an inmate when he was attacked by his cellmate and another matter where an inmate attempted suicide, leaving her in a permanent vegetative state. See, McCormack v. County of San Bernardino, 5:21-cv-00148 JGB, Higgins v. County of San Bernardino, 5:21-cv-00807-JGB. Ms. Gustafson successfully briefed and argued these matters to the 9th Circuit, who affirmed the district court’s grant of summary judgment in favor of her clients.

Additional representative summary judgment victories include Tahilramani v. County of Orange, (summary judgment on claims of harassment and retaliation in violation of FEHA); Cass v. County of Orange, (summary judgment on wrongful termination claims); Shelton v. County of San Bernardino, (summary judgment on excessive force and wrongful entry); Gallegos v. County of San Bernardino (summary judgment on false arrest); Hill v. County of San Bernardino, (summary judgment on false arrest); Parra v. County of Orange, (summary judgment as to excessive force and Monell claims); and Beltran v. County of San Bernardino, (summary judgment as to false arrest and Monell claims).

In addition to the above-referenced matters, Ms. Gustafson has worked on multiple appellate briefs and has argued several times before both the California Courts of Appeal and the Ninth Circuit Court of Appeals, which include two published opinions.  In Cooper v. County of San Bernardino, the 9th Circuit panel unanimously affirmed the dismissal of Plaintiff’s entire case finding Plaintiff’s request for additional DNA testing would violate the Rooker-Feldman doctrine. See, Cooper v. Ramos, 704 F. 3d 772 (9th Cir. 2012). Ms. Gustafson prepared the briefing in Bardzik v. County of Orange, resulting in a partial grant of summary judgment as to Plaintiff’s allegations that he was wrongfully demoted in violation of his First Amendment rights. See, Bardzik v. County of Orange, 635 F.3d 1183 (9th Cir. 2011).

Ms. Gustafson also has extensive experience mediating and negotiating settlements where appropriate.

Ms. Gustafson has provided training seminars for the Orange County Sheriff’s Department on Fourth Amendment Search and Seizure issues and for the San Bernardino County Sheriff’s Department regarding Procedural Safety Officers Bill of Rights issues (POBRA) and Employment Law updates.

General

Practice Areas

• – Appellate Practice
• – Civil Rights
• – Labor and Employment
• – General Torts
• – Police Liability Defense
• – Premises Liability
• – Public Entity Defense

Education

Professional

Notable

Seminars

• – Police Liability Issues
• – Procedural Safety Officer’s Bill of Rights (POBRA)
• – Employment Law Updates

Awards

• – 2012 – 2018 “Rising Star”- Super Lawyers Magazine