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
Latest Conference: 2020-11-20
Question Presented (from Petition)

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?

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?

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
Daniel and Juliet Sohn
Janice Ryan MazurMazur & Mazur LLC, Petitioner