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


     Back to list of subjects             Back to Legal Publications Menu

Gang Activity

     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 county district attorney obtained a public nuisance injunction against a gang and its members, seeking to abate their activities. Individuals served with the injunctive order challenged the prosecutor's and police department's alleged "dismiss-and-serve" actions. An injunction was granted against the gang and its "members, and individual defendants who had expressed a desire to challenge the action or its application to them were voluntarily dismissed from the case, arguably denying individuals the ability to challenge the order. The order, the appeals court found, profoundly impacted liberty interests protected by the due process clause and a number of factors weighed in favor of a finding that the defendants violated the plaintiffs' procedural due process right by failing to provide any form of hearing before subjecting them to the injunctive order by serving it on them. The trial court properly entered declaratory and injunctive relief in the plaintiffs' favor. Vasquez v. Rackauckas, #11-56166, 2013 U.S. App. Lexis 22464 (9th Cir.).
     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.).


Back to list of subjects             Back to Legal Publications Menu