California Court of Appeal

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People Ex Rel Reisig v. Acuna, 068868

In an appeal of a civil judgment granting a permanent (seven-year) injunction enjoining public nuisance activities of a criminal street gang, the trial court's judgment is affirmed over appellants' arguments of evidentiary error, insufficiency of evidence, constitutional claims, and miscellany, where: 1) the correct standard is that an individual can be subject to the injunction if he is an active member of a gang whose members commit nuisance activities, and active membership does not mean personal commission of multiple nuisance activities; and 2) a permanent injunction is appropriate where the misconduct is ongoing or likely to recur and, while a permanent injunction may be inappropriate where the defendant discontinued the misconduct voluntarily and in good faith, compliance with a court order (here, the preliminary injunction) does not constitute voluntary discontinuation.

Appellate Information

  • Decided
  • Published 2017/02/28

Judges

  • HULL

Court

  • California Court of Appeal

Counsel