No. 20-190

Daniel Sohn, et ux. v. Mariposa County, California, et al.

Lower Court: California
Docketed: 2020-08-19
Status: Denied
Type: Paid
Tags: 14th-amendment 42-usc-1983 4th-amendment 5th-amendment civil-rights civil-rights-statute constitutional-violation fourth-amendment government-entity property-rights subdivision-map-act
Key Terms:
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Where a government entity enters and takes real and personal property of its citizens under color of law based on an intentional misinterpretation of a statute, does such conduct constitute a violation of the property owners rights under the Fourth, Fifth and Fourteenth Amendments and a violation of their civil rights under 42 U.S.C. 1983?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where a government entity enters and takes real and personal property of its citizens under color of law based on an intentional misinterpretation of a statute, to wit, California’s Subdivision Map Act, does such conduct constitute a violation of the property owners rights under the Fourth, Fifth and Fourteenth Amendments of the U.S. Constitution and a violation of their civil rights within the meaning of 42 U.S.C. 1983? 2. If so, does a cause of action for violation of civil rights under 42 U.S.C. 1983 based on an illegal entry onto real property by a government entity accrue at the time of the alleged entry? 3. Where a government entity knowingly and repeatedly engages in a long-term conspiracy with developers and others to circumvent statutory law, to wit, California’s Subdivision Map Act, does such conduct constitute a violation of the rights of impacted property owners under the Fourth, Fifth and Fourteenth Amendments of the U.S. Constitution and a violation of their civil rights within the meaning of 42 U.S.C. 1983? 4. If so, does a cause of action for violation of civil rights under 42 U.S.C. 1983 based on an alleged conspiracy by a government entity to circumvent statutory law, accrue at the time the plaintiffs first learn of repeated instances of the conduct which strongly suggest an intentional scheme?

Docket Entries

2020-11-23
Petition DENIED.
2020-11-05
Reply of petitioners Daniel and Juliet Sohn filed. (Distributed)
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-19
Brief of respondents County of Mariposa, etc., et al. in opposition filed.
2020-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2020, for all respondents.
2020-08-28
Motion to extend the time to file a response from September 18, 2020 to October 19, 2020, submitted to The Clerk.
2020-08-14
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

County of Mariposa, etc., et al.
Glen Calvin HansenAbbott & Kindermann, Inc., Respondent
Glen Calvin HansenAbbott & Kindermann, Inc., Respondent
Daniel and Juliet Sohn
Janice Ryan MazurMazur & Mazur LLC, Petitioner
Janice Ryan MazurMazur & Mazur LLC, Petitioner