Legal Docket

In July, 2005 the Ninth Circuit Court of Appeals found that there may no be any reason to bar the media from witnessing executions. Judge Hawkins writes, in his opinion for the en banc court, "We agree that executions are unquestionably matters 'of great public importance.' Pell, 417 U.S. at 830 n.7. Moreover, we believe that more information leads to a better informed public." While it had previo... Read More

The New Haven Unified School District and the City of Union City have each reached groundbreaking settlements with students in Union City as a result of a federal lawsuit brought by the ACLU Foundation of Northern California on behalf of three high school students whose civil rights were violated. On February 22, 2002 the three were rounded up along with a group of mostly Latino and Asian students... Read More

Does compulsory testing and maintenance of DNA from persons who are arrested for felony offenses and persons with past convictions who are no longer supervised by the criminal justice system violate the Fourth Amendment and federal privacy rights? Read More

The issue in this case is whether the California Constitution allows the government to underwrite part of the cost of a religious school's borrowing money to construct facilities. The government issues tax-exempt bonds to nonprofit organizations, acting as a conduit between the organization and lender, so that the interest on the loan is not taxed. This allows the organization to borrow money at... Read More

On May 17, 2000, the ACLU Foundations of California, along with other civil rights organizations, filed a lawsuit against the State of California because of the terrible conditions in many of its public schools. We argued that the State is failing to provide thousands of public school students, particularly those in low income communities and communities of color, with the basic necessities req... Read More

For nearly 25 years, the California Department of Corrections (CDC) held an unwritten policy of segregating prisoners by race for, upon entry to a new facility. However, in February, 2005 the Supreme Court, in a 5-3 decision, declared this policy was not up to constitutional standards. The CDC implemented this policy in order to curb interracial violence. Upon entry to a new facility each... Read More

Should a criminal defendant have the burden of proving that a prosecutor's peremptory challenges to all of the Native American jurors in the jury pool were "predominantly" based on race or is it enough to show that one of the reasons for the challenges was based on racial stereotypes? Read More

An appeal was filed to halt the execution of Donald Beardslee, arguing that one of the drugs used in the procedure, Pavulon, would paralyze and leave him unable to signal if he was in pain, violating Beardslee's Eighth Amendment right to be free from cruel and unusual punishment. The ACLU Foundation of Northern California and Death Penalty Focus filed an amicus brief arguing that the paralyzing dr... Read More

As part of a settlement agreement the Oakland Police Department (OPD) has agreed to end the use of less lethal weapons against demonstrators. The suit was brought by 52 participants of a peaceful anti-war protest that occurred on April 7, 2003. Representation of the group included the National Lawyers Guild, the ACLU Foundation of Northern California, and a team of civil rights attorneys. At le... Read More

May the government block the donation of the Unabomber's writings to a university library to prevent the glorification of his crimes? Read More

Plaintiff Proposition 22 Legal Defense and Education Fund sued Governor Gray Davis (now Arnold Schwarzenegger) and other state officials for injunctive and declaratory relief seeking a determination that AB 205 was unlawfully enacted by the Legislature in violation of California Constitution, article II, section 10, subdivision (c), because it amends Proposition 22 but was not presented to the vot... Read More

Class action lawsuit to challenge the Transportation Security Administration's ("TSA's") administration and management of the "No-Fly List," a list circulated to commercial airlines and security personnel with instructions to detain and question any passenger whose name matches or is similar to one on the No-Fly List.The No-Fly List was implemented beginning in November 2001. Since then, it has re... Read More