The Bane Act ( Hate Crime Statute ) allows the Attorney General or any city or district attorney to sue in equity “[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
Police Officer Can Carry Gun After Battery Conviction.
A deputy sheriff was convicted of violating Penal Code section 242, battery upon his live-in girlfriend, in 1993. He was placed on three years’ probation. His posttrial motion requesting an order granting him relief from the prohibition against possessing and owning a firearm under section 12021 was granted. He successfully completed probation and then successfully moved to have […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Only Three (3) Grounds For Custodial Arrest For An Infraction.
Plaintiff was standing inside a playground surrounded by a fence that had “No Trespassing” signs posted at every entrance. Two police officers arrested him for trespassing and took him to the police station where he was cited for trespass and released. Later plaintiff filed an action against the police officers and the city for violating 42 […]
No Qualified Immunity For CHP Officer.
After being penned in by police officers, the driver of a stolen vehicle refused to turn off the engine following a 100 mph police chase. One officer opened fire on the driver, killing her. A jury awarded $30,000 each to the two children of the driver, and the court awarded almost a half a million dollars […]
First Amendment Retaliation After Police Officers’ Union Activities.
A police officer led a no-confidence vote of the police officers’ union against the police chief. Afterward, when the police officer was due a five percent salary increase, the police chief delayed signing the certification for his increase. The officer brought an action under 42 U.S.C. § 1983 against both the police chief and the city, alleging […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man […]
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