Due Process Lacking In Gang Injunctions.

Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate opportunity to contest whether they are active gang members before they are subjected to the injunction. The Ninth Circuit affirmed, stating “some adequate due process to determine membership in the covered class is constitutionally required.”  (Vasquez v. Rackauckas (Ninth Cir., November 5, 2013) (Case No.’s 11-55795, 11-55876, 11-56126, 11-56166).)