The San Diego City Attorney’s office violated the constitutional rights of a man who was cited for disobeying the city’s ban on overnight camping in 2019 by not turning over evidence supporting the citation, a panel of the Superior Court appellate’ s division concluded last month.
Such charges often carry fines and other penalties and almost never result in jail. The city has argued that it is not obligated to turn over evidence supporting the infractions charges because they are less serious, low-level cases. In this ruling the panel of judges rejected that contention. In Houser’s case she argued that in order to get discovery she was required to issue a subpoena and pay about $25 for records.
After months of legal wrangling, a San Diego Superior Court Commissioner in August ruled the city’s failure to turn over the discovery violated the due process rights articulated in the Brady decision. Based on that, the commissioners dismissed the case. But Leslie Wolf Branscomb, a spokeswoman for Elliott, said the city does not see it that way, and that the ruling applies only to Houser’s case.
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