Plaintiff was stopped by the police while driving his truck to a job site. He was arrested for driving without a license in an unregistered vehicle, and the police contacted a towing company to tow the truck away. Plaintiff sued the towing company for wrongfully withholding his 1998 Dodge light truck for 38 days until […]
Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.
Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]
Non-Traditional Jew Entitled To Kosher Meals In Prison.
A Messianic Jew incarcerated in state prison was denied kosher meals. Prison officials did not dispute the sincerity of the prisoner’s beliefs, but said the prisoner was not eligible to partake in an existing kosher meal program because he was not a traditional Jew and his needs could be satisfied with a vegetarian diet. In […]
Church School Did Not Violate Law When It Fired Teacher With Narcolepsy Who Threatened To File A Lawsuit.
The United States Supreme Court ruled a Lutheran Church school did not violate the law when it fired a teacher who claimed she was discriminated against because of a disability, and threatened to sue the church. The Court said the Establishment and Free Exercise Clauses of the First Amendment bar suits on behalf of ministers […]
No Fourth Amendment Protection In Hotel Registry Records.
City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable invasion of his private business records without a warrant. Both the trial court and […]
City Ordinance Relating To Clean And Safe Rental Properties.
Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by […]
No Qualified Immunity For Police Officers Who Caused Injury.
Injured U.C. Davis student brought an action for violation of his Fourth Amendment right to be free from unreasonable seizure after police fired pepperball guns in an attempt to disperse a crowd and the student suffered serious eye injuries and a loss of his athletic scholarship. The Ninth Circuit affirmed the trial court’s finding the […]
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. § 1983. The trial court granted summary judgment and the Ninth Circuit affirmed. Dahlia v. Stehr (Ninth Circuit; August 7, 2012.) Case […]
National Bank Act Preempts Civil Code § 1748.9.
Civil Code §1748.9 requires certain disclosures on preprinted convenience checks issued by banks to credit card users. The National Bank Act of 1864 [13 Stat. 99] (“NBA”) contains no such requirement. The California Supreme Court concluded “the NBA preempts Civil Code section 1748.9 because the state law stands as an obstacle to the broad grant […]
Prisoner’s First Amendment Rights Violated.
Prisoner at Pelican Bay State Prison attempted to mail a letter to a newspaper through the prison mail system. It argued that certain California prisoners, including him, should be recognized as political prisoners. In the letter, he referred to himself as a “New Afrikan Nationalist Revolutionary Man.” Prison officials confiscated the letter after concluding it […]
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