A correctional officer accessed information about various jail inmates and wrote fake letters to those inmates, signing the name of another inmate who had brought a personal injury lawsuit against the correctional officer. The inmate whose name was used in the letters brought a lawsuit against the county for the actions of the correctional officer, a […]
Prayer And Invocation At City Council Meetings.
City typically begins each of its city council meetings with a citizen-led prayer or invocation. The city’s policy sets forth a two-step procedure for soliciting volunteers to lead the invocation. The city clerk compiles and maintains a database of religious congregations with an established presence in the city. Next, the clerk mails all of the listed […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
Under Oath In Qualified Immunity Case.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s request […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
Retirees May Pursue Action For Lifetime Medical Benefits From University Of California.
When Lawrence Livermore National Laboratory was operated by the University of California, all retirees received University-sponsored group health insurance benefits. In 2007, management and operation of Livermore was transferred to a private consortium, and in 2008 retirees’ University-sponsored group health benefit was terminated. Retirees brought an action for mandamus against the Regents, claiming inter alia that the […]
Placeholders, So-Called “Spot Bills,” Cannot Be Used For Emergency Legislation.
The appellate court’s first paragraph speaks for itself: “The narrow, but potentially recurring and important, question we address in these writ proceedings is whether the California Constitution, as amended by the voters in 2010, allows the Legislature to identify blank bills with an assigned number but no substance (so-called “spot bills”) in the budget bill, pass […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.
The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action. The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine […]
Boy Scouts Only Indirect Or Incidental Aid By A City For Religious Discrimination.
The plaintiffs are adults who are either lesbians or agnostics and who use two parks which are partially leased by the City of San Diego to a nonprofit corporation chartered by the Boy Scouts of America. Plaintiffs allege the leases violate provisions of the California and federal Constitutions relating to the Establishment of Religion and the […]
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