888.909.7896

Archives - March 2011

13
Mar

CALIFORNIA CIVIL RIGHTS: POSSIBLE RETALIATION CASE FOR EXERCISING FIRST AMENDMENT RIGHTS

Here we have a § 1983 (civil rights) case where a vendor selling goods to the city publicly criticized the city’s procurement practices. He claimed city officials retaliated against him by not giving him some bids and contracts. MSJ granted and reversed. Here’s the holding: [1] Complaints of government misusing funds is squarely protected by …

13
Mar

CALIFORNIA CIVIL RIGHTS CASES: ANOTHER CASE OF OVERDETENTION

This is a § 1983 civil rights case regarding “overdetention” of jail inmates. Here, the Court held that overdetention of 27 hours was not a matter of deliberate indifference (See, Monell 436 U.S. 691) where administrative processing led to 43 overdetentions and 50,957 timely releases, and where new procedures had ‘dramatically decreased’ overdetentions. MSJ properly …

13
Mar

CALIFORNIA CIVIL RIGHTS: MAKE SURE YOU NAME THE RIGHT PARTIES

This is a § 1983 class action for claimed sheriff’s overdetention and officers’ efforts to procure involuntary (coerced) waiver of civil rights claims. Here’s how the court held on the causes of action: [1] No showing of a practice or policy of overdetaining inmates and thus no official capacity liability. [2] No freestanding right against …

close