Joseph Padgett v. Brian Loventhal

I. Background

Joseph and Darla Padgett filed a complaint asserting state and federal causes of action against eight defendants, stemming from a dispute with the City of Monte Sereno, California about enforcement of a fence height ordinance. The eight defendants were: the City; Brian Loventhal, the City Manager; A. Curtis Wright, the Mayor and member of the City Council; Erin Garner, Mark Brodsky, Barbara Nesbet, and David Baxter, members of the City Council; and Lisa Rice, a former City employee. Against all defendants the Padgetts asserted civil rights claims under 42 U.S.C. § 1983 for violations of their First Amendment right to free speech and their Fourteenth Amendment right not to be subjected to selective enforcement of the law; a claim under California Civil Code § 52.1; civil extortion; intentional infliction of emotional distress; and negligent infliction of emotional distress. The Padgetts also asserted a 42 U.S.C. § 1983 claim against all defendants except Rice for a violation of the Fourth Amendment relating to a measurement of their fence that they claimed was made without then-consent.

Defendants began to chip away at the Padgetts’ claims and by the eve of…