People of the State of California v. Marcus Johnson
Published: Jul. 16, 2011 | Result Date: May 26, 2011 | Filing Date: Jan. 1, 1900 |Case number: 10025389, 10024070, 10032951 and 11005186 Bench Decision – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
George Gascón
(Office of the Los Angeles District Attorney)
Defendant
Facts
The San Francisco Housing Authority obtained nuisance injunctions against over 70 individuals which banned them from coming anywhere near any of the SFHA's 53 housing developments spread around the city. The injunctions were based on police reports and not convictions, and were permanent bans. Marcus Johnson was charged with criminal contempt when he violated the injunction by visiting with his two young children and girlfriend who lived in one of the developments.
Result
San Francisco Judge Richard Ulmer, Jr. dismissed the criminal charges against Mr. Johnson and other similarly charged defendants. The basis for his ruling was that the SFHA citywide civil injunction was an unconstitutional abridgment of the right to intrastate travel and the right of intimate family association. The judge also took issue with the practice of obtaining nuisance injunctions in civil court, which invariably results in low income persons not having their day in court because they cannot afford a civil lawyer.
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