News
U.S. Occupy Activists Hit With Stay-Away Orders, Inter Press News
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 MoreHearing Today on Bizarre Occupy Oakland Stay-Away Order Case, San Francisco Bay Guardian
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 MoreMelee Lawsuit Settled, Contra Costa Times
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 MoreJudge Overturns Students’ Expulsions from High School in Antioch
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 MoreA Contra Costa County Superior Court Rules that the Antioch Unified School District Violated the Rights of Two Students When it Expelled Them
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 MoreStudent’s Reversed Expulsion Could Lead to More, Contra Costa Times
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 MoreTestimonials
The Oakland Institute is an independent policy think tank that focuses on increasing public participation and fair debate on critical food and agriculture, poverty and international development issues. Our successful campaigns in the U.S. and abroad, especially on the topic of international land deals, have resulted in threats of legal action. The thoroughness, timely response, and attentiveness to every detail by our legal counsel, Jivaka Candappa, allows us to continue with our mission without operating from a place of fear. In this struggle of David vs. Goliath, Jivaka Candappa's legal support is an invaluable asset to us!
While working with Jivaka Candappa on several cases, I was deeply impressed by his commitment to staying true to his personal core values in his professional conduct: integrity, equality, and a passionate commitment to justice. His real-time competence and fine wit increase his effectiveness with opposing counsel, the bench and juries. If the situation were ever to warrant it, I would not hesitate to hire Jivaka to represent or defend my own interests.
