Federal lawsuits filed over Ogden gang restraining orders

Posted at 9:56 AM, Oct 19, 2015
and last updated 2015-10-20 10:22:47-04

SALT LAKE CITY -- A pair of federal lawsuits have been filed against Ogden and Weber County over a series of controversial restraining orders issued against members of a street gang.

Daniel Lucero and Leland McCubbin Jr., filed the lawsuits Friday in U.S. District Court.

"This case is about an overzealous use of government power by county and city government and its officials, and Plaintiff Daniel Joseph Lucero brings the suit to remind officials that the ends do not always justify the means," the lawsuit brought by the ACLU of Utah reads.

The Ogden Police Department sought a mass restraining order against alleged members of the Ogden Trece gang in 2010, prohibiting them from associating with each other in public within city limits. The restraining order also had curfews and other restrictions and resulted in some people being found in violation. Some of the alleged members challenged it, claiming it violated their First Amendment rights to free association.

In 2014, the Utah Supreme Court rejected the restraining orders, particularly over the mass service method Weber County used. The ACLU said the Weber County Attorney plans to refile them.