Jacob B. Lee

Jacob Lee is a trial attorney who focuses his practice on law enforcement and corrections defense, including the defense of civil rights claims under 42 U.S.C. § 1983, Bivens, and state tort claims. Jacob defends and counsels law enforcement agencies, public and private correctional facilities, and government agencies and employees in Arizona and across the nation against a wide variety of claims, including First Amendment claims for retaliation and access to courts and counsel; Fourth Amendment claims for unlawful search and seizure, wrongful arrest, and excessive force; Fifth, Eighth, and Fourteenth Amendment claims for unreasonable detention, failure to protect, failure to provide medical care, and unconstitutional conditions of confinement; and state law claims for wrongful death, malicious prosecution, abuse of process, assault and battery, negligence, gross negligence, and negligent hiring, training, retention, and supervision. Jacob began his career in Las Vegas, Nevada, where he focused primarily in the areas of commercial litigation and insurance defense. There, Jacob protected his clients against an array of claims, including tort liability, premises liability, wrongful death, commercial disputes, and professional malpractice, and counseled his clients on issues of insurance coverage and bad faith.

Jacob is licensed and admitted to practice in state and federal courts in Arizona, Nevada, and New Mexico. He was selected as a Southwest Super Lawyers® Rising Star in 2020-2021. In 2018, Jacob was recognized in Arizona Attorney magazine for having one of the top civil defense verdicts in 2017 in Fuciarelli v. City of Scottsdale, et al., an unreasonable search and seizure and excessive force case in which the plaintiff sought $196,000 in past and future medical expenses, $25 million in lost past and future earnings, and other compensatory and punitive damages.

Presentations and Publications:

• • Co-Presenter, 2024, Fifteenth Annual Summer Education Series (PRIMA), “Effective Class Action Litigation Strategies”
  • Co-Presenter, 2022, Thirteenth Annual Summer Education Series (PRIMA), “Qualified Immunity: A Delve Into the Past and a Look Into the Future”
  • Co-Presenter, 2021, Twelfth Annual Summer Education Series (PRIMA), “Updates in the Law: Recent Decisions Impacting Government Entities & Employees”
  • Co-Presenter, Eleventh Annual Summer Education Series (PRIMA), “Updates in the Law: Recent Decisions Impacting Government Entities & Employees, 2019”
  • Presenter, Firm Client Seminar, “Depositions: Setting Yourself Up To Win at Summary Judgment or Trial,” 2016

Representative Experience:

Law Enforcement Claims

• Hart v. Gilbert Police Dept., et al., CV 22-02067-PHX-JAT (JFM) (D. Ariz. Nov. 6, 2023) – Obtained dismissal with prejudice in case involving claims of false imprisonment, conspiracy, and related federal and state-law claims.
• Glass v. Robinson, CV 19-04883-PHX-ROS (D. Ariz. Aug. 12, 2022) – Obtained partial summary judgment and defense verdict in case involving a resisting arrestee claiming excessive force to effectuate the arrest.
• Smith v. City of Chandler, et al., CV 12-02391-PHX-FJM (D. Ariz. April 28, 2017) – Obtained defense verdict and judgment as a matter of law in case involving a suicidal subject high on drugs and armed with a large kitchen knife claiming excessive force and negligence.
• Fuciarelli v. Good, et al., CV-14-01708-PHX-GMS (D. Ariz. Mar. 31, 2017) – Obtained defense verdict in case involving a landlord claiming unreasonable search and seizure, excessive force, and negligence during a commercial lockout in which the landlord refused to release the personal property of a third party..

Inmate/Detainee Claims

• White v. CoreCivic, et al., 21-CV-1204-MIS-JHR (D.N.M. Aug. 22, 2024) – Obtained dismissal with prejudice based on violation of the statute of limitations in case involving claims of over-detention by a private prison operator.
• Pena v. Board of County Commissioners for the County of Cibola, et al., 22-CV-516-MIS/KK (D.N.M. Aug. 1, 2024) – Obtained dismissal of federal claims for failure to train and supervise and due process violations under the Fourteenth Amendment against Cibola County and a private detention facility operator.
• Alcantara, et al. v. Archambeault, et al., 20-CV-00756-DMS-AHG (S.D. Cal. Mar. 20, 2024) – Obtained dismissal of private federal detention facility operator in a class action suit alleging deliberate indifference to detainee needs regarding the facility’s operational and medical response to COVID-19.
• Romero v. CoreCivic, et al., 21-CV-544-KG-KRS (D.N.M. Sept. 28, 2023) – Obtained summary judgment on federal claims for failure to protect in violation of the Eighth Amendment in case involving inmate-on-inmate assault in a private detention facility.
• Alvarez, et al. v. LaRose, et al., 20-CV-00782 AJB BGS (S.D. Cal. May 2, 2023) – Obtained dismissal of private federal detention facility operator in a class action suit alleging deliberate indifference to detainee needs regarding the facility’s operational and medical response to COVID-19.
• Medina v. Board of County Commissioners of Torrance County, et al., D-722-CV-2022-00055 (Seventh Judicial Dist. Ct., County of Torrance, State of New Mexico Oct. 27, 2022) – Obtained dismissal with prejudice of Plaintiff’s sexual battery claim against the private detention facility operator and facility warden and dismissal without prejudice of Plaintiff’s negligent hiring, retention, and supervision claim in case involving allegations of sexual battery by a detention officer.
• Vontress v. State of Nevada, et al., 18-CV-01746-RFB-BNW (D. Nev. Mar. 24, 2022) – Obtained summary judgment in case involving allegations that facility medical staff improperly confiscated Plaintiff’s knee and ankle braces and failed to properly treat various medical conditions.
• Espinosa v. CoreCivic, 19-CV-02201-RFB-NJK (D. Nev. Mar. 23, 2022) – Obtained summary judgment in case involving allegations that facility medical staff failed to provide timely and adequate medical care where the plaintiff failed to comply with the statute of limitations (on re-filing following 2018 dismissal).
• Santa Fe Dreamers Project, et al. v. CoreCivic, Inc., et al., D-722-CV-2021-00055 (Seventh Judicial Dist. Ct., County of Torrance, State of New Mexico Feb. 9, 2022) – Obtained dismissal of Plaintiffs’ false imprisonment and negligent operation and maintenance claims and the government defendant in case involving allegations of excessive force in response to a group disturbance.
• McGough v. Penzone, et al., CV-18-01302-PHX-DJH (D. Ariz. May 5, 2021) – Obtained exclusion of Plaintiff’s police procedures expert in case involving allegations of excessive force where the arresting officer’s canine remained on-bite for three minutes.
• Youngers v. Management & Training Corporation, et al., 20-CV-00465 JAP/JHR (D.N.M. Apr. 19, 2021) – Obtained dismissal with prejudice of Plaintiff’s Rehabilitation Act claim and various state law tort claims and successfully defended the dismissal against a Motion for Reconsideration.
• Lucero v.CoreCivic, Inc., et al., D-101-CV-2020-00378 (First Judicial Dist. Ct., County of Santa Fe, State of New Mexico Oct. 26, 2020) – Obtained summary judgment in case involving allegations that facility staff failed to protect the Plaintiff from assault by other inmates where the plaintiff failed to comply with statutory exhaustion requirements.
• Romero-Lorenzo, et al. v. Koehn, et al., CV-20-00901-PHX-DJH (ESW) (D. Ariz. 2020) – Defending private federal detention facility operator in a class action suit alleging deliberate indifference to detainee needs regarding the facility’s operational and medical response to COVID-19.
• Espinosa v. CoreCivic, A-17-765605-C/76767-COA (NV 8th Jud. Dist. Ct./NV Ct. App. Dec. 21, 2018) – Obtained Writ of Mandamus directing district court to dismiss the action in case involving allegations that facility medical staff failed to provide timely and adequate medical care where the plaintiff failed to timely serve the complaint or otherwise comply with the Nevada Rules of Civil Procedure regarding service.
• Bliss v. CoreCivic, Inc., 18-CV-01280-JAD-EJY (D. Nev. 2018) – Defeated class certification in a putative class action suit against private correctional and detention facility operator alleging violation of state and federal Wiretap Acts by improperly recording attorney-client telephone calls.
• Barrientos, et al. v. CoreCivic, Inc., 18-CV-00070-CDL (W.D. Ga. 2018) – Defeated class certification in putative class action suit against private immigration detention facility operator alleging violation of the federal Trafficking Victims Protection Acts and state law unjust enrichment claims.
• Walls v. CoreCivic, 14-CV-02201-KJD-PAL (D. Nev. Oct. 18, 2018) – Obtained summary judgment in case involving allegations that facility security and medical staff failed to obtain and provide timely and adequate medical care following an inmate-on-inmate assault.
• Feldmeier v. Hauser, et al., 13-CV-02027-PHX-DGC (BSB) (D. Ariz. Oct. 12, 2018) – Obtained summary judgment in case involving allegations that unit staff failed to protect an inmate from an assault by his cellmate.
• Barela-Valdez v. Corrections Corporation of America, D-202-CV-2015-08460 (N.M. 2nd Jud. Dist. Ct. Mar. 14, 2018) – Obtained summary judgment in wrongful death/inmate suicide case involving allegations of failure to provide adequate mental health care and prevent drug use.
• Owino, et al. v. CoreCivic, Inc., 17-CV-01112-JLS-NLS (S.D. Cal. 2017) – Defending private immigration detention facility operator in class action suit alleging violation of the federal and California Trafficking Victims Protection Acts and various state law statutory and tort claims.
• Tunoa v. Perez, 12-CV-02359-ROS-BSB (D. Ariz. May 31, 2016) – Obtained defense verdict in case involving segregation inmate claiming excessive force and assault/battery during calculated cell extraction.

Community Involvement:

• Church of Jesus Christ of Latter-Day Saints, Youth Leader (ages 14-15), 2012-present
• Boy Scouts of America, Varsity Scout Assistant Coach, 2013-2019

Personal:

Jacob is a native of southern Arizona, born in Tucson and raised in Phoenix and Thatcher. He is fluent in written and spoken Spanish. Jacob enjoys hiking, camping, and going to the movies.