Jeff Lewis files Opening Brief in First Amendment Appeal Challenging Misuse of California’s Anti-Harassment Statute, Code of Civil Procedure, Section 527.6
Update: On April 26, 2019, Jeff Lewis prevailed. To view the details of the firm’s victory, please click here.\”
Jeff Lewis is representing a party restrained under California’s Civil Harassment Restraining statute, Code of Civil Procedure, section 527.6. The appeal is now pending against personal injury attorney Dan Dunbar in the second District Court of Appeal. Section 527.6 was intended to protect victims of violent stalking but in the case of Dan Dunbar, the law was misused to prevent the restrained party from speaking the truth about the drug related criminal record (including, for a period of time, a 2010 felony conviction), unserved jail sentence but served house arrest, imposed upon Palos Verdes Estates resident Cindy Dunbar. The order issued by Judge Gary Tanaka is an unlawful prior restraint in violation of the restrained party’s First Amendment rights because it purports to restrict him from speaking or writing truthfully about the drug convictions and nursing license surrender proceedings involving Dan Dunbar‘s wife, Cynthia Dunbar. Jeff Lewis agreed to represent the restrained party in this case because he has witnessed a trend of increased restraining orders issued not to prevent violence but instead to silence defendants or to improperly restrain persons who have not committed or threatened violence or harassment. You can access the brief filed in this case here.