U.S. Supreme Court won’t hear Utah gang injunction lawsuit

Plaintiff claims injunction encompassing Ogden violates his freedom of association.

By nate carlisle

| The Salt Lake Tribune

First Published Jun 04 2012 12:07 pm • Last Updated Jun 04 2012 10:59 pm

The U.S. Supreme Court on Monday declined to hear an appeal seeking to overturn an injunction levied against an Ogden street gang.

Plaintiff Isaac Rader, 19, argues Ogden’s gang injunction violates his freedom of association and protection against unreasonable search and seizure.

The injunction against Ogden Trece, which went into effect in 2010, bars about 350 alleged Trece members from associating with each other in an area that includes most of Ogden, sets a curfew and prohibits them from carrying guns or graffiti tools in public.

As of February when his writ was filed with the Supreme Court, Rader was the only person to be arrested for the sole offense of violating the injunction, said his attorney, Michael Studebaker. He was picked up in October 2010 when the car he was riding in was stopped for a minor traffic violation about 11:30 p.m., after the injunction’s curfew, Studebaker said.

Rader pleaded guilty to the class B misdemeanor and was sentenced to 90 days probation and a $500 fine, according to court records.

Rader was arrested again the next month and charged with violating the injunction and consuming alcohol underage. He pleaded guilty to the alcohol offense, and the injunction violation was dismissed, according to court records.

The Utah Court of Appeals and the Utah Supreme Court have already declined to hear the case, ruling that the constitutional issues weren’t properly raised at the lower court level.

There is a separate pending civil case that could provide another avenue to challenge the injunction.

Studebaker argued and lost a case at the U.S. Supreme Court in 2006, concerning whether Brigham City police acted legally in entering a home without a warrant in 2001 to stop a fight. The U.S. Supreme Court hears about 1 percent of requested cases. ncarlisle@sltrib.comTwitter: @natecarlisle

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