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City appeals dismissed case against activist

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From Times staff reports

A judge’s decision to dismiss the case against a pro-immigration activist based on denial of due process has been appealed, officials said Tuesday.

Attorney Dan Peelman, who had been working as a city prosecutor against Benito Acosta, accused of disrupting a Costa Mesa City Council meeting during a protest, was dismissed by Superior Court Judge Kelly MacEachern on Monday because he was not sworn in as prosecutor.

The same day, the city filed an appeal asserting that Peelman was not required to be sworn in and asking that MacEachern be removed from hearing the case for bias.

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MacEachern could not be reached for comment.

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