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View Full Version : For Counsel, et al - CA9: Vasquez v. Rackauckas - Burdens against Due Process


Window_Seat
11-05-2013, 10:51 AM
So I read the first 22 pages, of this morning's opinion as well as other key holdings, and have to leave the house now. The court's holding addresses a variety of issues with regard to a permanent injunction issued to members of a street gang which places burdens on their due process rights (in part) pursuant to Roberts v. United States Jaycees, 468 US 609, 622 (1984) (just an example of one of several cases the court utilizes).

It appears to me that this is a bench-slapping from the court by basically saying "you knew better" when it came to the "fundamental liberty interests" of the plaintiffs which were infringed upon.

The First Amendment is discussed here because it protects "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends." (See Roberts above). I'm not sure if this court has used Roberts as a test in other cases prior to today's opinion, but I use that case in my traffic school prohibition paper (which is in need of corrections).

The ruling also holds that prohibitions against the displaying of "gang hand signs or symbols" is a restriction under the First Amendment (see page 35) as well as the wearing of certain clothing and colors "possibly affecting freedom of expression."

So my point here is to ask whether or not this published holding might be cited as possible FRAP 28(j) material in Richards v. Prieto, Peruta and Baker, as well as other cases that CGF & SAF file and make appearances in (see signature below).

I kinda hate that this had to be a plaintiffs, gang-bangers case, but we don't get to choose the plaintiffs in other cases in which we are not making appearance, yes?

Here is this morning's opinion in Vasquez v Rackauckas (http://cdn.ca9.uscourts.gov/datastore/opinions/2013/11/05/11-55795%20web%20corrected.pdf), 11-55795 (9th Cir. 11/05/2013).

Erik.

wolfwood
11-05-2013, 10:58 AM
I'll take a look Erik. Thank You. I would like to note that "gang bangers" are often times teens that just need something to believe in. They tend to grow up and become functional members of society. At least the Asian ones.

Window_Seat
11-05-2013, 11:16 AM
I'll take a look Erik. Thank You. I would like to note that "gang bangers" are often times teens that just need something to believe in. They tend to grow up and become functional members of society. At least the Asian ones.

Point well taken and yes, I agree with that part too.:cool:

Erik.