Daniel Sohn, et ux. v. Mariposa County, California, et al.
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
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?
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?