Ruling favors suspected Calif. gang members
Criminal Law
Authorities in California's Orange County violated the constitutional rights of dozens of suspected gang members when they enforced a gang injunction without giving them a chance to defend themselves in court, a federal judge ruled on Tuesday.
U.S. District Court Judge Valerie Baker Fairbank's ruling favors those who challenged a temporary gang injunction issued in February 2009, notifying suspected members of the Orange Varrio Cypress gang that they will be barred from associating in public, wearing gang clothing or being out late at night within a roughly 4-square-mile area of Orange.
The American Civil Liberties Union of Southern California sued, arguing that when some 60 people challenged their inclusion in the temporary injunction prosecutors removed their names. Those people were nonetheless named in the permanent injunction.
Fairbank ruled that the action violated those people's rights to defend against allegations that they have gang affiliations. She ordered police and prosecutors not to enforce the injunction against them.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.