California, United States of America
The following excerpt is from Allen v. City of Sacramento, 183 Cal.Rptr.3d 654, 234 Cal.App.4th 41 (Cal. App. 2015):
coercion inherent in a wrongful arrest or detention, they can do so because the enactment of the ordinance is the alleged constitutional violation, and the arrest of plaintiffs is an act of coercion independent of the enactment of the ordinance. But plaintiffs raised this argument for the first time in their reply brief, they did not assert it in the trial court, and they do not cite legal authority supporting their theory. "Obvious reasons of fairness militate against our considering this poorly developed and untimely argument." ( Garcia v. McCutchen, supra, 16 Cal.4th at p. 482, fn. 10, 66 Cal.Rptr.2d 319, 940 P.2d 906.)
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