County To Pay For Calling Former Gang Member A Gang Member (Man faces attempted murder charges)

NBC San Diego/AP ^ | 7/15/03 | staff

[DPB101]

San Diego County must pay the attorney fees of an Oceanside man who fought a 1997 court order designating him as a gang member, an appeals court has ruled.

David Englebrecht Jr., 28, was named in a 1997 civil gang injunction that sought to restrict the activities of 29 people identified as gang members.

He objected to being labeled a gang member, arguing in a 1999 case that he had not been involved in a gang for several years. In May 2001, the 4th District Court of Appeal favored with Englebrecht in ruling that prosecutors must meet a higher standard of proof when asking a judge to issue such injunctions.

The American Civil Liberties Union, which represented Englebrecht, sought reimbursement under a state law that allows a successful party in civil cases to seek fees if the decision results "in the enforcement of an important right affecting the public interest."

A Superior Court rejected the claim, but the appeals court reversed that decision Friday. The lower court now must decide how much the county should pay the ACLU.

Englebrecht, meanwhile, is facing charges of attempted murder and involuntary manslaughter for his alleged role in an October fight that prosecutors say was gang-related. He also is facing a drug-trafficking charge in a separate case.

[DPB101]

Related thread from last week:

State pays ACLU's lawsuit costs (ACLU makes $700,000 blocking Ten Commandments and pushing abortion) ^

Current ACLU news from google news search:

ACLU plans lawsuit over "Choose Life" plates
WKRN, TN - 29 minutes ago
... The American Civil Liberties Union is planning a lawsuit.
ACLU spokesperson
Hedy Weinberg said, "This litigation has nothing to do with abortion. ...

ACLU Suit Calls Honolulu's Family Day Too Religious
Bakersfield Channel.com, CA - 3 hours ago
The ACLU had previously sued over the exclusion of gay and lesbian
groups from the parade, which took place July 5. "The facts show ...

Texas School Board Vows Legal Battle To Prevent Gay Club Meeting
365 Gay.com - 3 hours ago
... Chase. Lambda Legal and the ACLU have won similar
cases in Kentucky, California, and Utah as well as in the Houston area...

ACLU wins appeal for court fees
San Diego Union Tribune, CA - 6 hours ago
... released Friday, the San Diego-based 4th District
Court of Appeal
reversed a November
2001 ruling by Superior Court Judge John Einhorn
denying the ACLU's ...

Tennessee ACLU plans to sue state to block 'Choose Life' tags
Knoxville News Sentinel, TN - 16 hours ago
... State ACLU director Hedy Weinburg said her
organization will soon
file suit to block
the issuance of "Choose Life" plates.
"We are preparing a suit . . .

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[Naspino]

I think Agent Smith said it best:

I'd like to share a revelation during my time here. It came to me when I tried to classify the ACLU. I realized that they're not actually mammals. Every mammal on this planet instinctively develops a natural equilibrium with the surrounding environment but the ACLU does not. It moves to an area and it multiplies and multiplies until every godly thing is consumed. The only way it can survive is to spread to another area. There is another organism on this planet that follows the same pattern. Do you know what it is? A virus. The ACLU is a disease, a cancer of this planet. It is a plague, and we are the cure.

I'm going to be honest with you. I hate the ACLU, the liberal media, the Democratic Party, liberalism, whatever you want to call it. I can't stand it any longer. It's the smell, if there is such a thing. I feel saturated by it. I can taste its stink. And every time I do I feel I have somehow been infected by it. It's repulsive, isn't it?

[DPB101]

That is a wonderful description. The ACLU is a parasite feeding off America. And it is slowly killing its host.

[nothingnew]

TO:

ACLU

RE:

THE ACLU et al:

What you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. May God have mercy on your soul.

FMCDH

[MEG33]

After reading this I am too speechless to be coherent.Agent Smith spoke for me.Thanks naspino.

[Naspino]

It sounds better when Agent Smith says it.

[Naspino]

Darn -- I should have said "it sues and sues until..." not multiplies.

[DPB101]

If we could only see the ACLU's books.

And we should be able to. The ACLU is subverting the democratic process and making millions in the process.

[HISSKGB]

The ACLU would be in the dustbin where it belongs if the country were rid of liberal judges who enable ACLU intolerant acts.

[Justin714]

Hmmm...no comments.

[Liz]

The ACLU is a parasite feeding off America.

Doing all that damage to America while operating as a "super-secret" organization. They act as a (puke) "civil liberties" goups but they thumb their noses at out open democracy. Why don't they open their books and let Americans see who is funding all their anti-American, religious-hating activities?

[DPB101]

Several ACLU chapters were once funded by the Soviets. When congress and the states investigated, the ACLU cleaned house and forced the Soviet agents out.

So they said.

Baldwin founded the ACLU less than a year before Lenin gave John Reed one to two million in stolen diamonds, other jewels, gold and art to fence in America. Louis Budenz was the ACLU minister of propaganda. He later turned on communists and testified extensively before the House and Senate committees investigating Soviet activities in America.

Wonder why Bob Barr joined up. As a counterintelligence agent I hope.

[RobbyS]

In "IT disn't happen here,Why socialism failed in the United States, " Seymour Martin Lipset says for the Commmunists, the Democratic Party became the popular front in the United States.

[nopardons]

" THROUGH THE LOOKING GLASS " ? I give up...he's a murderer and hardened criminal, but he objects to being called a " gang member " ? And, AND, the ACLU and the judge is on his side ?

[DPB101]

The left likes a certain level of crime. Keeps the people down. Enriches them.

[nopardons]

It's a " make work project " for them as well.

[Old Professer]

You have hit upon a secret truth; all societies require the low-side to make the rest look good even when everyone knows it isn't so.

If cancer was cured tomorrow, a hundred years from now the American Cancer Society would still be in existence pleading for pennies for something or other.

[DPB101]

Yes. All those law schools need some place to put their graduates. There must be a point at which people rebel however. The ACLU is becoming a superlegislature, knocking down laws in state after state.

[TheBattman]

Oh this is great - his sues for being called a gang member because he is no longer involved in gang activity.....

BUT

He is facing is "facing charges of attempted murder and involuntary manslaughter for his alleged role in an October fight that prosecutors say was gang-related. He also is facing a drug-trafficking charge in a separate case." which sounds to me like gang activities - which is what the original court ruling was meant to address - his gang activity.

Someone please give this idiot judge a CLUE!