May 19, 2017

Will Ninth Circuit give Gregory Allen a second chance to sue the City of Arcata regarding the 420 celebration?


He sought to amend the complaint and was denied,” U.S. Circuit Judge Mary Murguia said during a hearing Tuesday morning. “Why should he not be allowed to amend the complaint?”
Murguia was referring to Gregory Allen’s lawsuit claiming the city of Arcata’s police and government officials hatched a secret, five-year plan to deter massive crowds of marijuana smokers and activists from celebrating “420” – a longtime code for smoking weed – in the city’s Redwood Park on April 20 each year.  Allen alleged the city started cracking down on the annual 420 celebration after a 2009 A&E documentary called “Pot City USA” cast the city’s cannabis culture in a critical light.
In July 2015, U.S. District Judge James Donato dismissed the suit with prejudice, finding Allen suffered no concrete injury within the two-year statute of limitations and that no amended complaint could cure that defect.

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