Meet attorney gary w. gorski
Experience
Gary W. Gorski - Experienced Legal Advocate
With over 35 years of dedicated legal experience, Gary W. Gorski has established himself as a prominent figure in the legal community, specializing in civil rights, employment discrimination, and construction litigation. His extensive career is marked by a commitment to upholding justice and advocating for the rights of individuals and businesses alike.
Areas of Expertise
Civil Rights:Gary W. Gorski is a staunch defender of civil liberties. He has a proven track record of successfully representing clients whose fundamental rights have been infringed upon. Whether dealing with cases of police misconduct, violations of free speech, or any other civil rights issues, Gary provides robust legal representation to ensure justice is served.
Employment Discrimination:In the complex field of employment law, Gary has demonstrated exceptional skill in handling cases involving discrimination based on race, gender, age, disability, and other protected characteristics. His expertise extends to wrongful termination, workplace harassment, and retaliation claims. He is dedicated to ensuring a fair and equitable workplace for all.
Construction Litigation:Gary’s proficiency in construction litigation encompasses a wide range of disputes, including contract disagreements, construction defects, and payment issues. Representing both contractors and property owners, he navigates the intricacies of construction law with precision, aiming for favorable outcomes that uphold the integrity of the construction process.
Commitment to Clients
Gary W. Gorski’s legal practice is built on a foundation of personalized service, meticulous preparation, and unwavering dedication to his clients. He understands the profound impact that legal issues can have on individuals and businesses, and he approaches each case with the same level of intensity and focus, regardless of its complexity.
Proven Results
Throughout his career, Gary has achieved numerous successful outcomes for his clients, earning a reputation for his tenacity and legal acumen. His strategic approach and deep understanding of the law have made him a sought-after attorney in his specialized fields.
Contact
If you are facing legal challenges in civil rights, employment discrimination, or construction litigation, Gary W. Gorski is here to provide the expert guidance and representation you need. Contact us today to schedule a consultation and take the first step toward resolving your legal issues with confidence.
By choosing Gary W. Gorski, you are selecting an attorney with a proven history of success and a commitment to achieving the best possible results for his clients. Trust in his experience, dedication, and legal expertise to navigate your legal challenges effectively.
Comprehensive Legal Background
Bar Admissions
- U.S. Supreme Court: March 2003
- Supreme Court of California: December 1993
- U.S. Ninth Circuit Court of Appeals
- U.S. District Court, Eastern District of California
- U.S. Bankruptcy Court, Eastern District of California
- U.S. District Court, Central District of California
- U.S. Bankruptcy Court, Northern District of California
- U.S. District Court, Central District of California
- Supreme Court of Pennsylvania: October 1991
- U.S. District Court, Eastern District of Pennsylvania
Education
- Widener University, Delaware Law School
- Juris Doctor (J.D.), Awarded May 1991
- Wilmington, Delaware
- California State University, Sacramento
- Bachelor of Science (B.S.), Awarded May 1988
- Sacramento, California
Lead Counsel on Notable Published Opinions
- Anthony v. County of Sacramento, 845 F.Supp. 1396 (E.D. Cal. 1994)
- Anthony v. County of Sacramento, 898 F.Supp. 1435 (E.D. Cal. 1995)
- Orsay v. U.S. Department of Justice, 289 F.3d 1125 (9th Cir. 2002)
- Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002) (Reinhardt, J)
- Silveira v. Lockyer, 328 F.3d 567 (9th Cir. 2003) (six dissents), cert. denied, 124 S. Ct. 803 (2003)
- Hunter v. County of Sacramento, 652 F.3d 1225 (9th Cir. 2011)
Legal Experience
- United States Supreme Court
- Petitions for Writ of Certiorari
- James Rothery, et al., v. Lou Blanas, et al., No. 18-121 (Docketed: July 27, 2018)
- Sean Silveira, et al., v. Bill Lockyer, Attorney General of California, et al., No. 03-51 (Docketed: July 8, 2003)
- Petitions for Writ of Certiorari
About Gary W. Gorski
Gary W. Gorski brings over 35 years of legal expertise to his practice, with a focus on civil rights, employment discrimination, and construction litigation. His commitment to justice and extensive legal experience make him a formidable advocate for his clients. Whether representing individuals or businesses, Gary’s strategic approach and thorough understanding of the law ensure that his clients receive the best possible representation.
Contact
For expert legal guidance and representation in civil rights, employment discrimination, or construction litigation, contact Gary W. Gorski today to schedule a consultation. With a proven history of success and a dedication to his clients, Gary is the attorney you can trust to handle your legal challenges effectively.
Significant Court Rulings
A Tale of Two Jury Trials: Triumph Over Legal Trickery
In the world of civil rights litigation, few stories resonate as powerfully as the battles waged by Gary W. Gorski against the Sacramento County Sheriff's Department. These cases, representing two different plaintiffs but sharing a common thread of resilience and justice, showcase Gorski’s relentless pursuit of accountability and the triumph of the underdog against overwhelming odds.
The Anthony Case: Breaking the Silence
Court: United States District Court for the Eastern District of California
Date: March 15, 1994 and August 31, 1995
Linda Anthony, an African-American woman and former sheriff's deputy, faced a work environment at the Sacramento County Sheriff's Department that was rife with racial slurs, sexist remarks, and physical intimidation. From the onset of her training in 1988, she endured demeaning epithets and witnessed the brutal mistreatment of African-American inmates. Her vocal criticism of the abuse only intensified the harassment she faced.
Gary W. Gorski, stepping in as her advocate, meticulously deconstructed the department’s defense, exposing a culture of systemic racism and sexism. Despite the department’s formidable resources and attempts to bury the case in procedural delays, Gorski’s relentless pursuit of justice paid off. On March 15, 1994, the court denied the defendants' motion to dismiss Anthony's § 1983 claim, recognizing the continuous and hostile environment she had endured.
A year later, on August 31, 1995, the courtroom became a battleground once again as the defense tried to maneuver their way out of accountability. However, Gorski’s strategic brilliance shone through, leading the court to deny the defendants' motion for summary judgment on Anthony's hostile work environment claim under Title VII and her § 1983 claim. This victory underscored the non-isolated nature of the harassment, altering the conditions of Anthony's employment and setting a significant precedent for future cases.
The Hunter Case: Overturning Injustice
Court: United States Court of Appeals for the Ninth Circuit and United States District Court for the Eastern District of California
Date: October 7, 2010 and October 10, 2013 (final decision)
In a gripping tale of courage and resilience, Robert Hunter and Howard Eley took on the Sacramento County Sheriff's Department, alleging a disturbing pattern of excessive force while in custody. Hunter, arrested for driving under the influence, was subjected to brutal excessive force, resulting in severe injuries. Eley, another inmate, faced unprovoked violence at the hands of a deputy sheriff.
Gary W. Gorski stepped forward to challenge the might of the County. Despite an initial jury verdict favoring the County and a denied motion for a new trial, Gorski's unwavering dedication bore fruit. On October 7, 2010, the Ninth Circuit found that the District Court had erred in its jury instructions regarding municipal liability under Monell. The case was remanded for a new trial, highlighting the need for proper instructions on establishing a custom or practice of excessive force within the Sheriff's Department.
The retrial, culminating on October 10, 2013, became a definitive moment of reckoning for the County. The court found that the County had indeed engaged in a custom or practice of excessive force. The plaintiffs were awarded nominal damages, and Gorski successfully secured a substantial attorney’s fee award under 42 U.S.C. § 1988 in the amount of $197,000. This victory not only held the County accountable but also underscored the broader significance of Gorski's relentless fight for justice and proper legal procedures.
The Significance of Appeal: A Landmark Victory
The Anthony and Hunter cases represent more than just legal battles; they are stories of resilience, the fight for justice, and the importance of holding powerful institutions accountable. Through meticulous strategy and unwavering dedication, Gary W. Gorski transformed the courtroom into an arena where truth and justice prevailed over systemic abuse and institutional trickery.
The significance of these victories, especially on appeal, cannot be overstated. They highlight the critical role of proper legal procedures and the importance of challenging erroneous rulings to achieve justice. These cases set precedents that continue to influence the legal landscape, ensuring that the fight for civil rights and equality remains an unyielding force in the pursuit of justice.
Silveira v. Lockyer
Court: United States Court of Appeals for the Ninth Circuit
Date: May 6, 2003
In a significant constitutional battle, Gary W. Gorski represented a group of plaintiffs, including Sean Silveira and several law enforcement officers, in challenging California's Assault Weapons Control Act. The plaintiffs argued that the act infringed on their Second Amendment right to keep and bear arms. The state, represented by Attorney General Bill Lockyer and Governor Gray Davis, staunchly defended the legislation, asserting its necessity for public safety.
Despite the state’s robust defense, Gorski’s arguments brought to the forefront the importance of individual rights as enshrined in the Second Amendment. The Ninth Circuit, in a contentious decision, initially upheld the act, interpreting the Second Amendment as protecting a collective rather than an individual right. However, the case garnered significant attention and dissenting opinions, notably from Judge Kozinski, who passionately argued that the right to keep and bear arms is indeed an individual right crucial for protecting liberty.
Though the petition for rehearing en banc was denied, the vigorous dissent and the compelling arguments presented by Gorski highlighted the ongoing national debate on the Second Amendment. This case set the stage for future landmark decisions that would ultimately affirm the individual right to bear arms, influencing the legal landscape significantly.
Conclusion
Through these cases, Gary W. Gorski has cemented his reputation as a relentless advocate for civil rights, challenging the might of government institutions and exposing their "collective legal trickery." His victories have not only brought justice to his clients but also set significant legal precedents, ensuring that the fight for equality and justice continues unabated.