Author: Daniel Barer
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Officers Did Not Violate 4th or 14th Amendment Rights of Hostage Whom Officers Accidently Shot and Killed
In Hawatmeh v. City of Henderson, published November 7, 2025, the 9th Circuit affirmed the district court’s dismissal of a lawsuit under 42 U.S.C. section 1983. A family’s neighbor invaded the family’s apartment, killed the mother and a housekeeper, shot a daughter multiple times, and then took the 12-year-old son hostage. The man entered the…
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County Sheriff Does Not Have Power to Unilaterally Contract with Conflict Counsel; Law Firm’s Notice of Right to Fee Arbitration Could Not Serve as Claim for Damages
In County of Los Angeles v. Quinn Emanuel Urquhart & Sullivan, LLP, published October 23, 2025, the Second District Court of Appeal, Division 8 affirmed summary judgment in one consolidated appeal, and dismissal on demurrer in another. The plaintiff county filed a writ petition against its sheriff. Its county counsel sent the sheriff a letter…
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Nolo Contendere Plea Is Not Admissible in Federal Court to support a Heck v. Humphrey Defense
In King v. Villegas, published October 20, 2025, a divided panel of the 9th Circuit Court of Appeals reversed the district court’s dismissal of a state prisoner’s 42 U.S.C. section 1983 suit. The plaintiff was involved in a physical altercation with two corrections officers. His version of events and the officers’ versions were completely different.…
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Brown Act Requirement to Clear Room in Response to Disruption Not Met by Moving to Another Room
In Berkeley People’s Alliance v. City of Berkeley, published September 30, 2025, the First District Court of Appeal, Division 4 reversed the dismissal on demurrer of an action alleging violations of the Brown Act at three city council meetings. At each meeting, the mayor determined that the city council was unable to conduct business due…
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City Need Not File Cross-Complaint to Oppose Summary Judgment Motion Brought against Adverse Co-Defendant
In Bean v. City of Thousand Oaks, published September 29, 2025, the Second District Court of Appeal, Division 6, affirmed summary judgment for the city’s co-defendant. The plaintiff tripped and fell on a raised portion of city sidewalk in front of a private property owner’s residence. The plaintiff sued the city and the property owners…
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Alleged Victim of Deputy’s Sexual Blackmail Adequately Pleaded Acts within the Statute of Limitations and Delayed Discovery
In St. Clair v. County of Okanogan, published September 23, 2025, the 9th Circuit Court of Appeals reversed dismissal of a 42 U.S.C. section 1983 case at the pleading stage. The plaintiff alleged that a defendant sheriff’s deputy and detective took advantage of the plaintiff’s drug addiction and involvement in criminal activity to coerce her…
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Appellate Court Defers to Trial Court’s Evaluation of Prevailing Attorneys’ Reasonable Fees and Lodestar Multipliers
In Bronshteyn v. Department of Consumer Affairs, published September 17, 2025 ,the Second District Court of Appeal, Division 8 affirmed an attorney fee award against the defendant department. The plaintiff, an employee of the department, sued the department under FEHA for failure to accommodate or engage in an interactive process, disability discrimination, and failure to…
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Officers Were Not In Hot Pursuit When They Lost Suspect for 18 Minutes, but Were Entitled to Qualified Immunity for Killing Plaintiff’s Dogs
In Jones v. City of North Las Vegas, published September 8, 2025, the 9th Circuit affirmed in part and reversed in part summary judgment for the defendant city and two of its officers. While responding to a domestic violence call, one of the responding officers saw a person flee over the wall to the south…
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Trail Immunity Does Not Apply to Bike Lane
In Hu v. City of San Jose, published September 8, 2025, the Sixth Appellate District reversed summary judgment for the defendant city. The plaintiff was riding his bicycle on a paved rural road near recreational areas. There was a bike lane separated from the vehicle lane by a white stripe. The bike lane and stripe…
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AB 218’s Revival of Abuse Claims Barred by Claim Deadline Is Not Unconstitutional Gift of Public Funds
In O.B. v. Los Angeles Unified School District, ordered published August 27, 2025, the Second District Court of Appeal, Division 1 reversed judgment on the pleadings granted to the defendant district. The plaintiff filed a lawsuit in 2021 arising out of alleged sexual assault by a teacher in 2003. The plaintiff alleged that the district…