Minor plaintiff was sexually assaulted by a police officer when she was on an explorer program and doing ride-alongs with him. She brought an action against the City, alleging the City was vicariously liable for the police officer’s negligence based on his breach of the mandatory duty to report the sexual abuse to a child protective […]
Treble Damages And Attorney Fees Upheld Under A Penal Code Provision.
Defendant induced plaintiff to loan him $202,500 based on a false pretense. Plaintiff brought an action seeking attorney fees and treble damages. Penal Code section 496, subdivision (a), makes receiving, buying, or withholding property “that has been obtained in any manner constituting theft” an act punishable by imprisonment. Subdivision (c) reads: “Any person who has been […]
Lawyer Must Produce Client’s Tax Returns.
Tax returns prepared by an accountant were turned over to the civil tax lawyer for the person being investigated by the IRS. The civil lawyer turned them over to a lawyer for the firm providing representation for the criminal tax investigation. That lawyer turned them over to the partner in charge of the criminal defense. The […]
Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.
Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the cartilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop […]
Denial Of Conjugal Visits Claimed To Interfere With Prisoner’s Practice Of His Religion.
A state prisoner asserts that denials by prison officials of his request for conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act and the First Amendment by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The district […]
But The Parole Board Was Wrong.
Under Penal Code §3550, the Board of Parole Hearings denied medical parole to a quadriplegic inmate who requires 24-hour care. The Court of Appeal reversed, concluding it found no evidence showing the conditions of the inmate’s release would reasonably pose a threat to public safety. In re Steven C. Martinez on Habeas Corpus (Cal. App. […]
Deference Should Be Given To Prison Authorities.
A finding that an inmate in state prison is a gang member or associate can result in the inmate’s placement in a security housing unit under Cal. Code Regs., tit. 15, § 3023, subd. (b). In this case, the inmate had several photocopied drawings containing symbols assertedly distinctive to the Mexican Mafia, and one of […]
Supermarket Not Liable For Selling Beer To Passenger Of Driver Who Killed Another In Car Accident.
A checker at a Safeway store sold a 12-pack of beer to a man under the age of 21, who was the passenger in a car that caused an accident a few minutes later, killing the son of plaintiffs. The checker asked for identification and was shown a forged California driver’s license indicating the purchaser […]
Plaintiff, Released After 19 Years In Prison, Given Leave To Amend To Allege Coerced Confession In Violation Of His Fifth Amendment Rights.
Plaintiff was 18 in 1984 when he witnessed a drive-by shooting. Under police protection for months, he testified for the prosecution. During those months, plaintiff formed a friendship with a detective who became a father figure to him. The next year, plaintiff and other neighbors gathered to watch police activity when two people in the […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]