AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Injunctive Relief
Monthly Law Journal Article: Use
of Injunctions Against Gang Activity--Part 1: Basis of and Advantage of
Injunctive Relief, 2009 (10) AELE Mo. L. J. 101.
Monthly Law Journal Article: Use
of Injunctions Against Gang Activity--Part Two: Constitutional Challenges,
2009 (11) AELE Mo. L. J. 101.
Monthly Law Journal Article:
Use
of Injunctions Against Gang Activity--Part Three: and Procedural Issues,
2009 (12) AELE Mo. L. J. 101.
A number of individuals, named as active
gang members in a court proceeding to enjoin public nuisance gang activity,
appealed from an injunctive order barring specified gang activities in
a designated area. The court found sufficient evidence had been presented
to establish the existence of a criminal street gang, and the need for
an injunction. The appeals court upheld portions of the injunctive order
that prohibited public association of gang members with each other, trespassing,
and curfew violations. Restrictions on controlled substances and alcohol
in the order, however, were vague and could not be enforced because it
was not clearly stated whether gang members were allowed to enter pharmacies
and bars. People ex rel. Reisig v. Acuna, #C059375, 2010 Cal. App. Lexis
301 (3rd Dist.).
Online want ads
firm www.craigslist.com agrees to drop an erotic services category. In
doing so, however, it substituted an "adult services" category,
which continues to include ads for unlicensed massage services and escorts,
leading some to question how substantive the change made was, while the
company contended that the ads in the new category were now screened for
potentially illegal content. The substitution of the "adult services"
category for the "erotic services" category was effective for
the company's classified ad pages for U.S. cities, while the "erotic
services" category was evidently retained for pages for some foreign
cities. The Cook County, Illinois Sheriff had sued the firm, claiming that
his office had incurred high costs while enforcing state solicitation laws,
and seeking an injunction. Dart v. Craigslist, Inc., #09-cv-1385 (N.D.
Ill.). Also, on May 22, 2009, a federal judge entered an agreed order restraining
the South Carolina Attorney General from prosecuting craigslist.com or
its officers regarding site content, specifically ads that allegedly led
to prostitution arrests, while the company pursues a lawsuit against the
state over threats of such prosecution. Craiglist, Inc. v. McMaster, #2:09-cv-01308,
(U.S. Dist. Ct. S.C.).
A federal district judge granted a temporary
restraining order enjoining a prosecutor from bringing criminal charges
against the plaintiffs' minor children for "sexting," the practice
engaged in by them of using cellphones or the Internet to send or post
sexually suggestive text messages and semi-nude or nude photographs of
themselves. The plaintiff parents sought the order to prevent criminal
charges involving photos that they said did not show sexual activity. The
plaintiffs argued that the threatened prosecution violated First Amendment
rights to self-expression and the children's right to be free from compelled
speech, as well as the parents' rights, under the Fourteenth Amendment,
to determine the upbringing of their children. The "compelled expression"
claim was based on the prosecutor's demand that the minors write essays
stating that what they did was wrong, which they did not believe, or face
felony charges. Miller v. Skumanick, #3:09cv540, 2009 U.S. Dist. Lexis
27275 (M.D. Pa.).
Arrestee's roommate, who claimed that officer
injured him during the course of the arrest, did not have standing to seek
an injunction to prevent future similar incidents when it was "extremely
unlikely" that similar circumstances would again occur, especially
since the roommate had subsequently moved to a nursing home. Christopher
v. Dept. of Highway Safety and Motor Vehicles, 209 F. Supp. 2d 1290 (S.D.
Fla. 2001). [N/R]
Relying
on U.S. Supreme Court decision in Lyons, court refuses to grant injunctive
relief to hearing impaired, who asked for special training policies Alvarez
v. City of Chicago, 649 F.Supp. 43 (N.D.Ill. 1986).
Citizen lacked standing to require prosecution
of deputies, who plea bargained in suit accusing them of sexual assault
Myers v. Frazier, 319 S.E.2d 782 (W Va 1984).
City ordinance requiring permit for preaching
and public speaking unconstitutional; interferes with First Amendment rights
Furr v. Town of Swansea, 594 F.Supp. 1543 (D. SC 1984).
Newspaper must allow sheriff to advertise
escort service Evenson v. Ortega, 605 F.Supp. 1115 (D. Ariz 1985).
Ordinance prohibiting interference of police
duties is invalid Hill v. City of Houston, Tex, 764 F.2d 1156 (5th Cir.
1985).
Sheriff is successful in preventing private
process servers from serving civil process Lawyers Civil Process v. State
ex rel Vines, 690 S.W.2d 939 (Tex. App. 1985).
" See also: Assault
and Battery: Chemical, Governmental Liability:
State Government