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Civil Rights
42 U.S.C. Section 1983

Wo of Ideafarm v. County of Santa Clara, City of Mountain View

Published: Feb. 23, 2018 | Result Date: Jan. 12, 2018 | Filing Date: Feb. 12, 2018 |

Case number: 5:16-cv-06270-EJD Bench Decision –  Defense

Judge

Edward J. Davila

Court

USDC Northern District of California


Attorneys

Plaintiff

Pro Per


Defendant

David M. Rollo
(Office of the Santa Clara County Counsel) for County of Santa Clara

Jon Allen Heaberlin
(Rankin Stock Heaberlin) for City of Mountain View

Saman N. Khan
(Rankin Stock Heaberlin) for City of Mountain View


Facts

Wo of Ideafarm, a street essayist, posted signs displaying sentences from speeches on a minivan and drove that van throughout the county. After various encounters with law enforcement and after participating in court proceedings related the signs, Ideafarm sued the County of Santa Clara in relation to his constitutional rights.

Contentions

PLAINTIFF'S CONTENTIONS: Ideafarm claimed that he was harassed by law enforcement in relation to his signs and alleged that the county provided him with ineffective counsel at court proceedings. Ideafarm ultimately contended that the county conspired with law enforcement and the judicial system to deprive him of his constitutional right to freedom of speech.

DEFENDANTS' CONTENTIONS: The county moved to dismiss Ideafarm's claims arguing that his complaint lacked sufficient factual allegations to support his claims.

Result

The court granted the county's motion to dismiss finding that Ideafarm failed to show that the county had a policy, practice, or custom that deprived him of his constitutional rights within the context of a conspiracy.

Other Information

Ideafarm's class-based conspiracy claim under 42 U.S.C. Section 1985(3) was dismissed because Ideafarm failed to show that he was a member of a protected class.


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