Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of […]
No Living-In-Car Ordinance Held Unconstitutional.
Plaintiffs are four homeless persons who are Living-In-Car contend a city ordinance is unconstitutional. In 1983, the City of Los Angeles enacted an ordinance, Municipal Code section 85.02: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Another Pathetic Situation For A Mentally Ill Person.
A social worker contacted the police about a “gravely disabled” mentally ill woman he wanted transported to a mental health facility. The woman reacted violently when police entered her home. She grabbed a knife, threatened to kill the officers and told them she did not want to go to a mental health facility. Officers shot her […]
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. […]
National Rifle Association’s Preemption Argument On Gun Control Rejected.
Both the appellate and trial courts held a county ordinance which precludes the possession and use of guns in the county’s parks and recreational areas was not preempted by state law. In its amicus brief, the National Rifle Association argued the state of California has impliedly occupied the field and that “visiting Carry License holders will […]
Sterilization Of Developmentally Disabled Woman Is Incidental To Medcally Necessary Treatment Ordered By Court.
A developmentally disabled woman suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of her menses. After numerous other treatments for her severe menstrual bleeding and migraines failed, her doctors recommended a hysterectomy and oophorectomy. The trial court found Probate Code section 2357 […]
Names Of Police Officers Involved In Pepper Spraying Incident Ordered Released.
A labor union representing University of California police officers filed a petition for writ of mandate from a trial court order requiring the release of unredacted reports containing the names of UC police officers under the California Public Records Act [CPRA; Government Code section 6250], to the Los Angeles Times and Sacramento Bee. The reports concern […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]