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04-09-2007, 07:18 PM
| | Junior Member | | Join Date: May 2005
Posts: 2
| |  I am suing Los Angeles City for First Amendment Rights Violation
I am suing L.A. City in Pro Per and have received an answer from the City Attorney as follows: "any liability of defendant is barred by the provisions of California Government Code, sections 815 et seq., and other applicable provisions of law and each of them, in that any injury to Plaintiff's alleged in her complaint would have resulted from acts or ommissions of public employees (police) of this defendant, if at all, in the exercise of discretion vested in them."
Surely, Federal Law (ie. the First Amendment of the U.S. Constitution) supersedes State Government Law and does not apply in this case.
Any suggestions on how to reply would be appreciated. Thanks.
BP
California
Last edited by bmpeck; 04-09-2007 at 07:20 PM.
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04-09-2007, 07:46 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 5,018
| | | If this one was hard for you to find an answer to, you have no business suing pro per. There will be many questions along the way. This was an easy one which you don't have to "answer". Many facts would need to be out to give you the answer, but you should be able to find one knowing all the facts. I assume this was one of the defenses in their answer, right? What were your cause(s) of action? This defense would only apply to some. If they have served you a demurer with this as the reason, you need to amend your complaint. (Or, ask to amend your complaint.)
But, again, give this up as it is going to drive you crazy. The answer is easy once you know all the facts, and no one in this forum will take the time to learn all the facts.
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04-10-2007, 12:05 AM
| | Member | | Join Date: Feb 2007
Posts: 456
| | Quote:
Originally Posted by bmpeck  I am suing L.A. City in Pro Per and have received an answer from the City Attorney as follows: "any liability of defendant is barred by the provisions of California Government Code, sections 815 et seq., and other applicable provisions of law and each of them, in that any injury to Plaintiff's alleged in her complaint would have resulted from acts or ommissions of public employees (police) of this defendant, if at all, in the exercise of discretion vested in them."
Surely, Federal Law (ie. the First Amendment of the U.S. Constitution) supersedes State Government Law and does not apply in this case.
Any suggestions on how to reply would be appreciated. Thanks.
BP
California |
Whats your cause of action?
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04-14-2007, 02:13 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,751
| | | I believe it has to do with a lottery/permit system for space in a "free speech" zone on the Venice Beach walkway. Apparently a recent court hearing was dropped or cancelled - probably as a result of a successful move by the city.
The OP's profile has a link that has some of the information on it. Personally, I find the whole Venice Beach thing a humorous throwback to my childhood (the sight of hippies and peaceniks evokes memories of my youth) and something of a nuisance. However, there are many peopl that find the atmosphere to be unique and have a great love for it. To each their own.
Having not read up on the ordinance in question, I have no opinion one way or the other. But, I'd venture to guess things were getting out of hand so the city decided to take the walkway back and this was one (so far, lawful) means of doing so.
- Carl
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