In Estate v. Soakai v. Abdelaziz, published May 16, 2025, a divided panel of the 9th Circuit Court of Appeals affirmed denial of the police officer defendants' motion to dismiss the action at the pleading stage based on qualified immunity. According to the complaint's allegations, the defendant officers spotted a person they believed had participated in…
In Barnes v. Felix, published May 15, 2025, the United States Supreme Court reversed summary judgment granted to the defendant police officer in a 42 U.S.C. section 1983 case. The defendant officer pulled a suspect's car over for outstanding toll violations. During the stop, the suspect stated he did not have his license with him, and…
In County of Nevada v. Superior Court (A.C.), published May 12, 2025, the Third District Court of Appeal issued a writ directing the trial court to grant summary judgment to a sheriff's deputy defendant and his agency. Multiple individuals called 911 about an erratically-acting woman walking along a street with two small children. The defendant sheriff's…
In DeFrancesco v. Robbins, published May 7, 2025, the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit at the pleadings stage due to qualified immunity. The lawsuit alleged that both the plaintiff and his husband held high positions at a university. The plaintiff's husband spoke out about the university's hiring…
In Tillinghast v. Los Angeles Unified School Dist., published May 5, 2025, the Second District Court of Appeal, Division 8 affirmed the judgment in favor of the plaintiff. The plaintiff's decedent, a middle-school student, passed away in PE class, after jogging, of sudden cardiac arrest. He had an unsuspected heart defect. When the decedent collapsed, teachers…
In Alves v. County of Riverside, published April 29, 2025, the 9th Circuit Court of Appeal affirmed a district court's decision declining to grant a renewed motion for judgment as a matter of law after a jury trial. The defendant deputies encountered a bleeding man speaking incoherently and engaged in unusual behavior. The deputies believed the…
In Whitehead v. City of Oakland, published May 1, 2025, the California Supreme Court reversed summary judgment for the defendant city, and the court of appeal decision upholding summary judgment. The plaintiff was participating in a group training ride in preparation for a fundraising ride. Before his training ride, the plaintiff signed a release form. The…
In Newman v. Underhill, published April 23, 2025, the 9th Circuit Court of Appeals affirmed summary judgment for the defendant deputies. A suspect in a truck failed to stop for one of the defendant deputy's traffic stop. This was a felony. The deputy chased the suspect's truck. The truck stopped near the plaintiff's home. The suspect…
In Regino v. Staley, published April 4, 2025, the 9th Circuit Court of Appeals reversed dismissal of a 42 U.S.C. section 1983 suit at the pleading stage. A school district had a policy that prohibited conduct such as refusing to address a student by a name and pronouns consistent with the student’s gender identity and…