SAN DIEGO (AP) — A hip-hop musician and a community organizer have sued the city of San Diego for federal civil rights violations over being jailed on gang-related charges that were based on their rap lyrics and social media postings.
The lawsuit, filed late Tuesday, says musician Brandon “Tiny Doo” Duncan and activist Aaron Harvey were jailed for seven months after their arrests in June 2014 under a California gang conspiracy law that critics say amounts to guilt by association. A judge later dismissed charges.
The state law says active gang members with knowledge of a gang’s criminal activities can be prosecuted for crimes others commit. Prosecutors said the lyrics and social media postings promoted gang violence.
The San Diego city attorney’s office didn’t immediately respond to a request for comment.