Justia Civil Rights Opinion Summaries

The Center for Scientific Integrity (CSI) was an organization that reported on academic retractions and accountability. CSI wrote an article about plaintiff-respondent Constance Iloh, a professor at the University of California, Irvine (UCI), after several academic journals retracted articles Iloh had written due to concerns about possible plagiarism or inaccurate citation references. In a follow-up to that article, CSI sent UCI a records request under the California Public Records Act (CPRA) requesting Iloh’s postpublication communications with the journals and UCI. Iloh petitioned for a writ of mandate, declaratory relief, and injunctive relief against UCI to prevent disclosure of her communications, and later added CSI as a real party in interest. She then filed a motion for preliminary injunction to prevent disclosure. Meanwhile, CSI filed a motion to strike Iloh’s petition under the anti-SLAPP (strategic lawsuit against public participation) statute. The Court of Appeal’s first opinion in this case concerned Iloh’s motion for preliminary injunction. The trial court denied that motion on the grounds that Iloh had not established a likelihood of prevailing on the merits, and the Court affirmed that order. In this case, the Court considered CSI’s anti-SLAPP motion. The trial court denied the motion, finding that although protected activity may have led to the petition, it was not the “basis” for the petition. To this, the Court disagreed: in issuing the CPRA request, CSI was engaging in newsgathering so it could report on matters of public interest, such as how a public university funded largely by taxpayer dollars resolved quality or integrity problems in its professors’ publications. CSI was therefore engaged in protected activity when it issued the CPRA request. Iloh filed her petition for mandamus relief to prevent UCI from complying with the CPRA request. “This is the type of lawsuit the anti-SLAPP statute is designed to address, and it should be stricken if Iloh cannot demonstrate a probability of prevailing on her petition.” The Court of Appeal found the trial court had not performed the second prong of the anti-SLAPP analysis. Therefore, the Court reversed the order denying CSI’s anti-SLAPP motion and remanded this case with directions that the trial court consider prong two of the anti-SLAPP statute. View "Iloh v. Regents of the University of California" on Justia Law

Petitioner applied to the trial court in March 2022 to change his name. On the ground that Petitioner has “outstanding warrant(s),” the trial court denied Harris’s petition.   The Second Appellate District affirmed because there was no abuse of discretion. The court explained that by statute, it was proper for the trial court to check law enforcement records when considering Petitioner’s petition to change his name. The California Legislature has directed courts to use the California Law Enforcement Telecommunications System (CLETS) and Criminal Justice Information System (CJIS) to determine whether a name change applicant must register as a sex offender. View "In re Harris" on Justia Law

In 2016, San Francisco voters amended their city charter to authorize voting in local school board elections by noncitizen parents and guardians of school-age children. In 2018, the Board of Supervisors enacted an ordinance implementing Proposition N, including provisions requiring the City’s Department of Elections to develop a noncitizen voter registration form for school board elections. In 2022, after multiple school board elections in which noncitizens voted, this lawsuit was brought alleging the charter amendment violated the California Constitution. The trial court granted found the effective ordinance void and unenforceableThe court of appeal reversed and awarded the city costs. Neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens. The relevant constitutional provisions authorizing home rule permit charter cities to implement such an expansion in local school board elections. This authority is consistent with the principles underlying home rule and permits the voters of each charter city to determine whether it is good policy for their city or not. View "Lacy v. City and County of San Francisco" on Justia Law

Kelsey Carpenter gave birth to a baby girl at home, alone, after deciding that she would not risk having her child removed from her custody as had happened with her two older children when they tested positive for drugs after being delivered at the hospital. She again used drugs during her pregnancy. After Carpenter’s daughter was born, the baby struggled to breathe, and Carpenter attempted to provide her with CPR. Carpenter also cut the baby’s umbilical cord but did not clamp it, and the umbilical stump continued to bleed. Carpenter bathed, diapered, clothed, and attempted to breastfeed the baby before seemingly passing out. When she woke up, her newborn daughter was dead. Before Health & Saf. Code, § 123467(a) was effective, the State charged Carpenter with implied malice murder and felony child endangerment, contending that Carpenter intentionally chose an unattended at-home delivery, despite being warned of the dangers, in an effort to evade child welfare services and at the risk of her daughter’s life. According to the State, Carpenter’s acts and omissions, including her failure to seek medical assistance after realizing her baby was in distress, caused the baby to bleed to death. Carpenter challenged the superior court’s order denying her motion to set aside the information for lack of probable cause under Penal Code section 995. She contended she was immune from prosecution based on the new law, which went into effect after the preliminary hearing, but before the superior court ruled on her section 995 motion. While the Court of Appeal agreed that Carpenter could not be prosecuted for her decision to have an unattended home birth or any effect that her alleged drug use or lack of prenatal care during pregnancy may have had on her baby, the law did not preclude the State's prosecution for her acts and omissions after her daughter was born alive. The Court therefore denied Carpenter's petition. View "Carpenter v. Super. Ct." on Justia Law

In 2001, G.A. was charged with lewd acts with a child, sexual battery by restraint, and false imprisonment. Finding G.A. incompetent to stand trial, the court committed G.A. to the Redwood Regional Center. G.A. never regained competency but was released and received services through the Center until 2008. In 2010, G.A. was charged with kidnapping with the intent to sexually assault, rape, annoy, or molest a child under the age of 10 and sexual intercourse or sodomy with a child under the age of 10. Finding G.A. incompetent to stand trial, the court again committed him.A 2021 petition to extend G.A.’s commitment alleged that G.A. suffers from developmental disabilities and that he represents a danger to himself or to others. A psychologist, who evaluated G.A. several times, calculated G.A.’s I.Q. at 42 and testified that G.A. poses a danger to himself and to others, particularly children. The court continued the commitment.The court of appeal dismissed an appeal because the commitment order has expired. The court found that Welfare and Institutions Code 6500 does not violate due process by dispensing with the need for proof of a recent overt act of dangerousness but that substantial evidence did not support the finding of G.A.’s danger to others--it was based on the testimony of an expert witness who relied on unsupported assumptions of fact about G.A.’s offenses. The court noted significant ambiguity as to the meaning of “danger to self.” View "People v. G.A." on Justia Law

In a challenge to the San Francisco Municipal Transportation Agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on the accrual of unpaid parking tickets, the Coalition argued that the warrantless tows are unreasonable seizures within the meaning of article I, section 13 of the California Constitution and the Fourth Amendment to the U.S. Constitution. The trial court denied a motion for a writ of mandate and declaratory and injunctive relief.The court of appeal reversed. The challenged warrantless tows are not permissible under the vehicular community caretaking exception to the Fourth Amendment’s warrant requirement. The defendants have not shown that legally parked cars with unpaid parking tickets that present no threat to “public safety and the efficient movement of vehicular traffic” may be towed under that exception. The court rejected an argument that the governmental interest in deterring parking violations and nonpayment of parking fines justifies warrantless tows under the vehicular community caretaking exception. The tows at issue may not be justified by analogy to warrantless property seizures in the forfeiture context. View "Coalition on Homelessness v. City and County of San Francisco" on Justia Law

On August 31, 2012, in San Bernardino County Superior Court, Appellant entered a no-contest plea to one count of assault by means likely to produce great bodily injury. He was placed on three years formal probation. Shortly after being placed on probation, Appellant was deported. He later illegally reentered the country. In 2014, his probation was reinstated, and on June 25, 2015, the sentencing court transferred probation supervision and jurisdiction from San Bernardino County to Los Angeles County, where Appellant permanently resided, pursuant to section 1203.9. On April 6, 2021, Appellant filed a motion in Los Angeles County Superior Court to vacate his plea pursuant to section 1473.7. By then, he had already completed his probationary sentence. On August 23, 2021, the trial court concluded it lacked jurisdiction to hear Appellant’s motion and directed him to refile the motion in San Bernardino County Superior Court.   The Second Appellate District affirmed. The court concluded that Appellant should have filed his motion to withdraw his plea in the county where he was prosecuted, convicted, and sentenced. The question was whether the phrase “full jurisdiction” is meant to remove the authority of the original sentencing court from everything associated with the case or whether “full jurisdiction” refers only to matters relating to the probationary sentence. The court held that section 1203.9 was enacted solely to effectuate more streamlined and effective supervision of probationers statewide by ensuring that the court of their county of residence is empowered to supervise and adjudicate issues arising as a result of the probationary grant. View "P. v. Hernandez" on Justia Law

The complaint, filed in September 2021, alleged that “San Francisco’s criminal legal system is in a state of crisis,” as over 400 criminal defendants had cases pending past their statutory deadline for trial. Of the defendants, 178 were in jail, typically locked in cells for 23 hours a day.The trial court dismissed, reasoning that, under the “Ford” decision, one department of a superior court may not restrain the implementation of a judgment entered by another department. On appeal, the defendants challenged the plaintiffs’ taxpayer-standing cause of action based on Penal Code provisions that impose a duty on the courts (and others) to expedite criminal proceedings, including by prioritizing them over civil cases, and to follow specific procedural steps before a criminal trial may be continued beyond statutory time limits.The court of appeal reversed. Ford is not relevant; the plaintiffs did not seek to review, revise, or reverse any decision in an individual criminal case. The court rejected the defendants’ alternative legal challenges, noting that courts must implement calendar management procedures, in accordance with local conditions, to ensure that criminal cases are assigned before the last day permitted for trial. With respect to standing the court stated that the plaintiffs adequately pleaded “waste” or “illegal expenditure” of public funds and did not impermissibly challenge a discretionary act. View "Raju v. Superior Court" on Justia Law

The Contra Costa County Superior Court found McKneely, the defendant in multiple criminal actions, incompetent to stand trial. McKneely was admitted to Napa State Hospital. A year later, the Department of State Hospitals (DSH) issued a certificate that McKneely had regained mental competence, with a comprehensive report prepared by a senior forensic psychologist. McKneely was returned to court. His attorney filed an “Objection,” accompanied by counsel’s declaration “setting forth the basis for her good faith belief that [McKneely] was not competent to stand trial.” A 2022 amendment to Penal Code 1372(b) required that “[i]f the court rejects a certificate of restoration, the court shall base its rejection on a written report of an evaluation, conducted by a licensed psychologist or psychiatrist, that the defendant is not competent.” The attorney argued that no further expert declaration should be required if McKneely could present a sufficiently detailed declaration from his attorney.The court concluded that the court could not reject a certificate based solely on that declaration. Although the court was prepared to appoint an expert, McKneely requested that it not do so. The court of appeal rejected McKneely’s arguments that section 1372(c)(2)’s requirement of the appointment of an expert violated separation of powers principles and due process because, by “dictat[ing] the form of proof” required to reject a certificate of restoration, the Legislature “usurps the judiciary’s role.” View "McKneely v. Superior Court" on Justia Law

Plaintiff obtained a $425,562 jury verdict in his favor on his claim that the California Department of Tax and Fee Administration (the Department) retaliated against him for filing an internal complaint with its Equal Opportunity Office (EEO). The Department appealed, contending that four erroneous evidentiary rulings by the trial court deprived it of a fair trial.   The Second Appellate District reversed. The court agreed that the trial court erred in admitting evidence about activity that occurred before the filing of his EEO complaints. The court also concluded that admission of the first EEO complaint and supplement was prejudicial and prevented the Department from receiving a fair trial. The court explained that there is no doubt that the fact that Plaintiff filed an EEO complaint for age and race discrimination is highly relevant. It is the protected activity needed for his claim; more colloquially, it provides a motive for the retaliation. The details of the discrimination are not relevant. This was not a trial about whether Plaintiff’s co-worker engaged in race or age discrimination; Plaintiff waived those claims in the prior settlement agreement. Accordingly, the court reversed the judgment and remanded for further proceedings. The court wrote that it need not and does not reach the Department’s other claims of error. View "Kourounian v. Cal. Dept. of Tax & Fee Administration" on Justia Law