The American Civil Liberties Union responded in superior court to the Occupy Oakland activists’ stay-away orders with a habeas corpus writ, arguing that the orders violate constitutional protections. “They are all clearly violations of First Amendment rights, their right to engage in expressive activity,” said Jivaka Candappa, attorney for two of the four people named in the ACLU writ. “They wanted to break the back of the movement and this is a way of teaching these demonstrators a lesson,” he added. Candappa underscored that none of those facing stay-away orders has been convicted of a crime. “When someone is still fighting the charges, when they’re still presumed innocent under the constitution, to impose these restrictions on their First Amendment rights, is unreasonable,” he said.+ Read More
Joseph Briones, 30, was arrested along with 408 others at an Occupy Oakland protest Jan. 28. He is one of 12 who were apparently issued the restraining orders, and is therefore barred from being within 300 yards of Oakland City Hall, potentially for the next three years, according to Alameda County Deputy District Attorney Teresa Drenick. According to Jivaka Candappa, one of the attorneys working on the stay-away order cases, “the orders are unconstitutional and unreasonable.”+ Read More
Antioch and the city's school district have settled a lawsuit by the families of three teens involved in a March 2007 melee with police at a gas station near Deer Valley High School. According to a news release issued by the plaintiffs' attorney, the teens will receive compensation totaling $775,000 from the city and the Antioch school district. "Without saying so in specific terms, I think the settlement figure speaks for itself," Candappa said. "If the city felt it was not at fault and if the school district felt it was not at fault, they would not have paid that kind of money."+ Read More
The American Civil Liberties Union of Northern California (ACLU-NC) and Berkeley attorney Jivaka Candappa sued the Antioch Unified School District on behalf of the students, arguing that the school district lacked the authority to expel the students based on the incident, and that the students’ due process rights were violated during the expulsion hearings. A Contra Costa County Superior Court agreed.+ Read More
The American Civil Liberties Union of Northern California and Berkeley attorney Jivaka Candappa sued the district on behalf of the students, arguing that it lacked the authority to expel the students based on the incident, and that the students' due process rights were violated during the expulsion hearings.+ Read More
On Wednesday the county board voted 3-1 to reverse the Antioch school board's expulsion of DeArmand Ellis III. Jivaka Candappa, Ellis' attorney, said he hasn't filed his briefs yet but he will address similar issues in appeal hearings he will argue for two other students.+ Read More
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I wouldn’t consider my case closed without providing feedback about how Mr. Candappa stepped in and saved me from an unbelievable nightmare. At that time, I lived 600 hundred miles away and was tempted to plead guilty just to eliminate repeat court appearances. Fortunately, Mr. Candappa came to my rescue, advising me that if I was not guilty of any crime then I should not be tempted to plea bargain. Mr. Candappa did such a good job that the judge dismissed the case and overruled one of the other judge’s earlier rulings.- R.N.
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