Kathleen R. v. City of Livermore

In this case we hold that a city is not subject to suit for damages or an injunction for offering unrestricted access to the Internet through computers at a public library.

I. Record

This case was filed against respondent City of Livermore by appellant Kathleen R. individually, and in her capacities as a taxpayer and as guardian ad litem for Brandon P., her minor son. The amended complaint includes causes of action for waste of public funds, nuisance, premises liability, and denial of substantive due process ( 42 U.S.C. § 1983 (hereafter section 1983)). Respondent’s demurrer was sustained without leave to amend on the ground that the complaint did not state facts sufficient to constitute a cause of action, and the case was dismissed.

Respondent’s library has computers linked to the Internet, which patrons of any age are free to use. Twelve-year-old Brandon went to the computers without appellant’s knowledge and downloaded sexually explicit photos from the Internet onto a floppy disk that he brought to the library. Without any adult’s knowledge or permission Brandon printed the photos at a relative’s computer. He engaged in this activity on about 10 occasions. Appellant…