Racial Justice, Criminal Justice - The ACLU of Utah, along with cooperating attorney Randall Richards of Richards & Brown, P.C., filed a class action petition under Utah’s Post Conviction Remedies Act, requesting that the state court vacate all convictions of individuals charged with violating the so-called Ogden gang injunction in light of the Utah Supreme Court’s 2013 decision dissolving that injunction. A separate petition on behalf of an individual petitioner twice convicted of violating the injunction has also been filed.
Ogden Trece Post-Conviction Remedies Act Cases (2014)
On February 28, 2018, the plaintiffs and Ogden City reached a compromised settlement of claims raised by Plaintiffs against Ogden City in this case. As part of that settlement, Plaintiffs and Ogden City have agreed to terms that mutually resolve disputes about the application of the prior gang injunction in a manner favorable to both Plaintiffs and Ogden City. This settlement resolves all issues between Plaintiffs and Ogden City in the matter, including all appeals. The case remains pending against the Weber County defendants.
All media coverage and press releases after February 2018 are related to the ongoing lawsuit against Weber County.
- Media: Federal judge allows further probe into Weber County gang documentation (Ogden Standard Examiner, 10/1/20)
- Media: Weber County loses bid to remove a judge for calling an attorney a ‘liar’ (Salt Lake Tribune, 1/9/20)
- Media: ACLU opposes Weber County's effort to have judge kicked off gang injunction case (Ogden Standard Examiner, 11/6/19)
- Press Release: ACLU of Utah Plaintiffs Granted Major Victory in Weber County Gang Injunction Case (10/22/2019)
- Media: Federal judge scolds Weber County in declaring gang injunction unconstitutional (Ogden Standard Examiner, 10/18/19)
- Media: Two men convicted under Ogden’s old gang injunction settle lawsuit with city (Salt Lake Tribune, 3/1/2018)
- Media: ACLU announces settlement with Ogden City regarding gang injunction lawsuit (Ogden Standard Examiner, 2/28/2018)
- Press Release: Settlement with Ogden City over Prior Gang Injunction (2/28/18)
- Press Release: Utah Court Vacates Petitioner’s Convictions for Violating Ogden Gang Injunction (6/11/15)
- Media Advisory:Court to Hear Objections to Order Vacating Convictions for Violating Ogden Gang Injunction (4/22/15)
- Press Release: ACLU of Utah Brings Class Action to Expunge Convictions of Ogden Gang Injunction (10/28/14)
McCubbin v. Utah (2014) Legal Documents
- Signed PCRA Court Order Vacating McCubbin Conviction (6/5/15)
- Petition for Relief Under the Post-Conviction Remedies Act (PDF)
- Memorandum of Authorities in Support of Petition for Relief Under the Post-Conviction Remedies Act (PDF)
- (Proposed) Findings of Fact and Conclusions of Law (PDF)
Lucero v. Utah (2014) Legal Documents
- Class Petition for Relief Under the Post-Conviction Remedies Act (PDF)
- Memorandum of Authorities in Support of Class Petition for Relief Under the Post-Conviction Remedies Act (PDF)