Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
Rick’s Rights Under The First Amendment.
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 […]
Hiring Decision Involved Exercise Of Free Speech.
Plaintiff filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to the anti-SLAPP statute [Code of Civil Procedure section 425.16], arguing that its selection of a newscaster qualified as an act in furtherance […]
Anti-SLAPP Comments On Newspaper’s Website.
A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]
Unlawful Prior Restraint.
The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might […]
Anti-SLAPP Motion Properly Denied With Regard To Allegations Not Protected By Statute When Each Cause Of Action Contains Allegations Protected By Statute With Conduct That Is Not.
Plaintiff filed a sexual harassment action against defendant, a co-worker. The co-worker defendant filed a cross-complaint alleging defamation and intentional infliction of emotional distress. Plaintiff filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, which the trial court granted in part and denied in part. In affirming, the appellate court stated: […]
Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.
The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]
Athiest’s Case Reversed On The Issue Of Damages.
Plaintiff was placed on parole in 2007 after pleading no contest in a methamphetamine case. One of his parole conditions was that he attend and complete a 90-day residential drug treatment program. He advised parole and correctional officers he is an atheist, and requested placement in a non-religious program, but he was sent to a religious-based […]
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. […]
Morphed Images = Sex Offender Registration For Life.
Defendant was convicted of possession of child pornography and sentenced to 90 days in custody, 36 months probation, a $17,000 fine and must register in sex offender registration for life. On appeal, defendant claimed some of the photographs were innocent images of children which were digitally altered or “morphed,” which often means they were created by […]