AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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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


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