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Artiano and Kostic Defeat Interference with Constitutional Right to Free Speech and False Arrest Case.

September 26, 2007

Partners Ray Artiano and Ljubisa Kostic successfully defended a freedom of speech and false arrest case brought against a community college and individual campus police officers. Plaintiffs were non-students who were attempting to demonstrate over a controversial issue, using highly inflammatory posters and leaflets.

The plaintiffs did not have a permit as required by the College regulations. After receiving numerous complaints and witnessing heated arguments between the protesters and students, campus police asked plaintiffs to leave until they had their permit.

All but two of the protesters left peacefully. Johnathan O'Toole and a videographer stayed behind. This was the group's standard procedure of engaging in civil disobedience, insisting on being arrested, videotaping the arrest, and then suing for money damages to fund further protests.

Plaintiffs sued the College District for violation of California Civil Code section 52.1, the Bane Act, which prohibits interference with constitutional rights through threats, intimidation and coercion. The plaintiffs sought statutory damages of $25,000 for each plaintiff against each of the six defendants, five of whom were police officers, totalling $750,000. Attorney's fees were also demanded, and plaintiffs were not required to prove any actual damages.

Plaintiffs and Defendants both moved for summary judgment. Mssrs. Artiano and Kostic argued that police officers were immune from liability pursuant to Gov. Code s 820.6. This argument was further extended to the District pursuant to Gov. Code s 815.2. The trial court denied both motions. Both plaintiffs and defendants sought discretionary writ review from the Court of Appeal. The appellate court held that all of the defendants were immune as a matter of law, and directed the trial court to enter a judgment in favor of the defendants, all of whom were represented by Stutz Artiano Shinoff and Holtz. The California Supreme Court denied plaintiff's petition for review.

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