Gang Injunctions

People v. Englebrecht

On May 9, 2001, there was encouraging news for San Diego County neighborhoods that are trying to break free from the cycle of violence and intimidation imposed by local gang members. In a case called People v. Englebrecht, the Fourth District Court of Appeal upheld a trial court's ruling that gang injunctions are constitutional. In 1997, the District Attorney's Office and the Oceanside Police Department filed a civil lawsuit against 28 members of the Posole gang and obtained a permenent injunction. One of the gang members, David Englebrecht, challenged the injunction and went to court. It was the first gang injunction civil trial in the nation, and the prosecution prevailed. However, the ACLU filed an appeal on behalf of Englebrecht. The Court of Appeal sided with the San Diego County District Attorney's Office in its May 2001 decision.

People v. Englebrecht