Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]
Bribe Of Public Officials Claimed.
In a matter involving allegations of bribing members of a board of supervisors to obtain their approval of a litigation settlement, the California Supreme Court held: “Whether the offeror is guilty of aiding and abetting the receipt of the bribe depends on whether there is evidence that, in addition to the offer or payment of the […]
Not Cruel And Unusual Punishment To Sentence Juvenile 45 Years To Life In Prison.
A 17-year-old broke into a family home while the family slept. He shot and wounded one of the occupants. On appeal, he contended his 45-year-to-life sentence is cruel and unusual punishment within the meaning of the Eighth Amendment. The appellate court noted that in September 2013, Penal Code section 3051 was amended. The amended statute “requires the […]
Government Informant…The Man Of The Hour.
The informant formerly belonged to a group who perpetrated home invasions. The group dressed in law enforcement uniforms and used a stolen law enforcement battering ram to break down locked front doors. He informed on his associates and received a lighter sentence. Less than a month after his release, the informant was caught stealing, and offered […]
An Unconstitutional Search No Longer From Warrantless Entry Into Curtilage Of Home.
Case Reported Last Year On our Blog, Now Heard By U.S. Supreme Court. Last year, we reported the following: 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 curtilage of plaintiff’s home was […]
Tragic Circumstances: Mandatory Duty.
Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]
Fundamental Fairness And Your Tax Dollars At Work.
Undercover agent met with defendants with a story he was a cocaine courier who transported drugs for a group of Mexican drug dealers and was unhappy with the pay he was receiving. He said he was interested in robbing those Mexican drug dealers as retribution for his low pay. He recruited defendants to carry out an […]
Criminal Copyright Conviction Vacated.
Defendant was convicted of criminal copyright infringement and trafficking in counterfeit labels. The district court gave the following instruction: “An act is done ‘knowingly’ if the defendant is aware of the act and does not act through ignorance, mistake or accident. The government is not required to prove that the defendant knew that his act was […]
An Insurance Policy’s “ Assault Or Battery ” Exclusion And The Meaning Of “ Physical Contact. ”
A nightclub dancer suffered severe injuries shortly after she completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. The man was convicted of aggravated mayhem and torture. In the underlying action, the woman sued her employer for inadequate security; it was resolved by a stipulated […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
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