No. 23-5040

Brala Beverly v. Newport Beach Police Department, et al.

Lower Court: California
Docketed: 2023-07-05
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment civil-rights constitutional-rights demurrer due-process fourteenth-amendment hearsay police-misconduct police-report state-court-procedure
Key Terms:
SocialSecurity DueProcess FifthAmendment FirstAmendment
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is it a violation of due process under the fourteenth amendment of the U.S. Constitution for courts to dismiss a civil rights lawsuit by demurrer based on police report hearsay alone?

Question Presented (OCR Extract)

Questions Presented 1. Is it a violation of due process under the fourteenth amendment of the U.S. Constitution for courts to dismiss a civil rights lawsuit by demurrer based on police report hearsay alone? ; 2. Can probable cause for arrests by police under the fourth amendment of the U.S. Constitution and the right to be secure in one’s person under the fourth amendment of the U.S. Constitution be separated from acts and statements of discrimination during those arrests by police? ; 3. Can probable cause for arrests by police under the fourth amendment of the U.S. Constitution and the right to be secure in one’s person under the fourth amendment of the U.S. Constitution be separated from statements regarding a non related pre existing relationship between police and the suspect made by police during and surrounding the arrest? : 4. Is the seventh amendment of the U.S. Constitution violated when a California resident, where a right to a jury exists in the state constitution (Article 1, Section 16), is preempted from pursuing a civil rights lawsuit against police upon demurrer based solely on a hearsay police report? 5. Can any State Government Code allow for the violation of U.S. Constitutional Rights? 6. Does California Government Code 821.6 allowing police to maliciously prosecute citizens violate the U.S. Constitution? . 7. Can a State Court ignore the U.S. constitutional basis cited within State causes of action simply because U.S. Constitutional Rights Causes of action are not independently cited in the action? : 8. Is discrimination against a transgender person by police in order to procure an arrest a ii. i—_ -_ Ys ¥ : t violation of that person’s first amendment right to be transgender? : 9. Is refusal to allow a Plaintiff to prosecute a civil rights lawsuit against police based ona State statute of limitations argument that the civil case must be filed before the criminal charge is dropped a violation of U.S. Constitution 14th amendment due process rights? 10. Is it a U.S. Constitutional fifth amendment rights violation for police to coerce a person to admit guilt during an arrest based upon another unrelated case? 11. Is it a U.S. Constitutional sixth amendment rights violation for police to demand testimony from a person as to their guilt or innocence during arrest without reading Miranda Rights or being able to being able to exercise the right to counsel? 12. Is it a U.S Constitution sixth amendment rights violation to the right for a speedy and unprejudiced criminal trial when police attempt to enforce an 8 year old minor misdemeanor warrant? . , ; 13. Where disproportionate use of police resources is deployed to target an individual for being transgender in order to procure an arrest based on that person’s gender, is that a violation of the U.S. Constitution fourteenth amendment equa! protection under the law? 14. Can a State court allow for violations of U.S. Constitutional rights violations within the elements of a cause of action? This lawsuit includes state causes of action for the Bane Act, Ralph Act, False Imprisonment, Assault and Battery, Negligence and Malicious Prosecution. iii. | 1 r)

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2023)

Attorneys

Brala Beverly
Brala Beverly — Petitioner
Brala Beverly — Petitioner