Gilton

Gilton v. City and County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaAugust 29, 20233:22-cv-07697California6,757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BARRY GILTON, et al., Case No. 22-cv-07697-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

CITY AND COUNTY OF SAN Re: Dkt. No. 31 FRANCISCO, et al., 11 Defendants.

12 Following a RICO murder case that I tried in 2020, I acquitted plaintiff Barry “Prell” Gilton, who had been convicted of being a member of a violent racketeering enterprise, the Central Divisadero Playas (“CDP”). Although I found that there was no evidence that Gilton was CDP member, I also concluded that there was no doubt that he participated in the murder of Calvin Sneed. In this lawsuit, Gilton and his children, Ali Gilton, Barry Gilton, Jr., and Laprell Gilton (collectively, “the plaintiffs”), allege that the City and County of San Francisco, police Sgt. Damon Jackson, and Officer Reese Burrows (collectively, “the defendants”) falsified evidence that Gilton was a gang member and maliciously prosecuted him in violation of their civil rights. The…

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