Rosa Rivera v. The Honorable Marvin A. Freeman, Judge of the Superior Court of the State of California

This is an appeal by Rosa Rivera, a minor, by and through her mother, Gloria Rivera. It is a class action on behalf of herself and “all individual juveniles under the age of 18 who are residents of California or who are other juveniles under 18 who may be subject to arrest by any law enforcement agency acting under and pursuant to the laws of the State of California.” [C.T. at 2].

The action was filed pursuant to 42 U.S.C. §§ 1983 and 1985. Jurisdiction was invoked pursuant to 28 U.S.C. § 1343 . The action attacks the constitutionality of portions of the California Welfare and Institutions Code relating to the detention of minors taken into custody by state officials. Jurisdiction here rests on 28 U.S.C. § 1291 .

Three issues were raised below: first, that juveniles may be detained up to 72 hours or more without a judicial hear ing in violation of the Fourteenth Amendment; second, that juveniles are afforded less protection than that guaranteed them under the Eighth and Fourteenth Amendments; and, third, that the denial of the right to post money bail, subsequent to a hearing and a decision to detain, denies the juvenile equal protection of the law under the Fourteenth…