Lawsuit say police, prosecutors violated civil rights, free speech protections.
San Diego officials have agreed to a nearly $1.5-million payout for two men who spent several months in jail six years ago under a controversial gang conspiracy law.
The $1.475-million settlement, which the council approved Dec. 10 in a session closed to the public, would be split evenly between the two men — $737,500 each.The crux of their case is a state law, Penal Code 182.5, which local authorities used in 2014 to send dozens of alleged San Diego gang members to jail.
Duncan, now 38, and Harvey, now 31, were among 15 alleged gang members arrested in connection with nine shootings in 2013 and 2014.There was no evidence either man actually committed the shootings. Prosecutors relied instead on rap lyrics and social media postings that allegedly promoted gang violence and created a sense of fear in the community.
Zebrowksi declined further discussion of the case until the council gives final approval to the settlement.Both men were arrested in summer 2014. Harvey’s initial bond was set at $1.1 million, while Duncan’s was set at $500,000.Both stayed in jail until a judge lowered those amounts seven months later.
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