Richards v. Harris
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Richards v. Harris
Plaintiff Brendan Richards was arrested May 20, 2010 in Rohnert Park, and subsequently charged with possession of unregistered 'assault weapons'. All charges were dismissed September 29, 2010.
Defendant Kamala Harris is the Attorney General of California. Defendant Department of Justice is the agency Ms Harris supervises. Defendant Dean Becker is the arresting officer from the City of Rohnert Park. Defendant Rohnert Park is a city in northern California.
The suit asks for
- a declaratory judgment and/or injunctive relief that California Penal Code § 12276.1 is unconstitutional.
- a declaratory judgment and/or injunctive relief that California Penal Code § 12031(e) is unconstitutional.
- a declaratory judgment and/or prospective injunctive relief to compel Defendants KAMALA HARRIS and the CALIFORNIA DEPARTMENT OF JUSTICE to issue appropriate memorandums and/or bulletins to the State’s District Attorneys and Law Enforcement Agencies to prevent wrongful arrests.
- injunctive relief against CITY OF ROHNERT PARK and OFFICER BECKER to prevent future violations of the Fourth Amendment.
- Damages from CITY OF ROHNERT PARK and OFFICER BECKER
- Court costs
Status
- Reply brief filed Oct 25, 2011
- Suit filed May 19, 2011 in UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO / OAKLAND DIVISION complaint
- Case Management Conference set for 10/27/2011 10:30 AM.
Calguns Discussion Thread
SAF, CGF SUE OVER CALIFORNIA ‘ASSAULT WEAPONS’ LAW ARREST
Related case: Haynie v. Pleasanton
Discussion Thread: Bullet Button: Haynie v. Pleasanton
Plaintiff Haynie was arrested in Alameda County for allegedly violating the AWCA , when Pleasanton Police thought that his Colt AR-15 was a banned weapon. FAC ¶ 12. However, the rifle possessed by Haynie was equipped with a “bullet button,” a device which required the use of a tool to remove the magazine, taking the weapon out of the statutory definition of an assault weapon. FAC ¶15. Therefore, charges were never filed, and Pleasanton stipulated to Plaintiff Haynie’s factual innocence and agreed to pay for Haynie’s bail bond costs. FAC ¶¶18-22.
