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Case Law Must “Obviously Resolve” That an Officer’s Actions Violate the Fourth Amendment to Eliminate Qualified Immunity

March 24, 2026

In Zorn v. Linton, published March 23, 2026, the Supreme Court, in a per curiam opinion, reversed a circuit court decision that itself reversed a district court’s grant of summary judgment. Officers informed protesters engaged in a sit-in at a state capitol that they would be arrested for trespassing. The protesters linked arms and refused… Keep reading →

Evidence of Branches Falling Off Other Trees of Same Species Properly Admitted to Show Constructive Notice of Dangerous Condition

March 14, 2026

In Yan v. City of Diamond Bar, published March 11, 2026, the Second District Court of Appeal, Division 5 affirmed a jury verdict for the plaintiff in a case alleging Government Code section 835 liability for dangerous condition of public property. While the plaintiff was walking down a city sidewalk, a tree limb detached from… Keep reading →
Warden May Have Violated Clearly-Established Law by Denying Inmates Yard Exercise during Pandemic but Ordering Them to Go to Work

January 29, 2026

In Cardenas-Ornelas v. Johnson, published January 29, 2026, the 9th Circuit Court of Appeal affirmed in part and reversed in part the district court’s denial of summary judgment based on qualified immunity. The plaintiff claimed that during the COVID-19 Pandemic, prison staff denied him and his unit yard exercise, arguing inability to carry out social… Keep reading →
School District Was Statutorily Immune from Liability for Student’s Off-Campus Suicide, Because None of the Exceptions Immunities Applied

January 28, 2026

In Vallejo City Unified School District v. Superior Court (Caguin), ordered published January 27, 2026, the First District Court of Appeal, Division 4 issued a writ directing a trial court to grant a motion for summary judgment/summary adjudication in part. A sixth-grade student had conflicts with other students. The student reached out to her teacher… Keep reading →
California Public Records Act Provides for Declaratory Relief Despite Agency Producing All Responsive Records, but Does Not Impose Retention Requirement

January 26, 2026

In City of Gilroy v. Superior Court (Law Foundation of Silicon Valley) , published January 15, 2026, the California Supreme Court affirmed in part and reversed in part the decision of the lower court of appeal. The plaintiff organization filed a series of public records request with the petitioner city requesting records of cleanups of… Keep reading →
Officers Who Hog-Tied Prone Suspect, Placed Him Prone in Police Car, and Transported Him Without Checking Him Not Entitled to Qualified Immunity

January 16, 2026

In Gonzalez v. City of Phoenix, published January 8, 2026, a divided panel of the 9th Circuit Court of Appeals affirmed a district court decision denying summary judgment to the defendant officers on the grounds of qualified immunity. The plaintiffs’ decedent was acting erratically. When two officers chased him on foot, the decedent ran into… Keep reading →
Emergency-Aid Exception to 4th Amendment’s Warrant Requirement Does Not Require Probable Cause

January 15, 2026

In Case v. Montana, published January 14, 2026, a unanimous U.S. Supreme Court affirmed the decision of the Montana State Supreme Court. The defendant, the inhabitant of a house, called his ex-girlfriend threatening to commit suicide. When she said she would call the police, he responded that he would shoot them too. Sounds she heard… Keep reading →
Although School Administrator’s Political Social Media Post Was Protected Speech, the School District’s Interests in Workplace Harmony Outweighed the Administrator’s 1st Amendment Interests

December 29, 2025

In Thompson v. CVSD No 365, published December 29, 2025, the 9th Circuit Court of Appeals affirmed summary judgment for the defendant school district and administrators. The plaintiff was a middle school assistant principal. He posted a comment on Facebook, shared with his Facebook “friends” only, about the Democratic National Convention that used epithets, slurs,… Keep reading →
Party Was Not “Successful” for Purposes of CCP Section 1021.5 Where Appellate Victory Legislatively Overturned and California Supreme Court Reverses Lower Court

December 22, 2025

In Make UC a Good Neighbor v. Regents of University of California, published December 19, 2025, the 1st District Court of Appeal, Division 5 affirmed a trial court order denying the plaintiffs’ attorney fee motion under Code of Civil Procedure section 1102.5. The plaintiffs petitioned for a writ challenging the defendant’s Environmental Impact Report under… Keep reading →
Issues of Fact Prevented Summary Judgment on Inmate Claims for Being Forced to Use Non-Wheelchair Transport

December 19, 2025

In Weldeyohannes v. State of Washington, published December 19, 2025, the 9th Circuit Court of Appeals reversed summary judgment granted to the state and prison officials. The plaintiff inmate had a documented history of medical accommodation, including use of a wheelchair because of his mobility problems. Medical providers assign inmates transportation codes, ranging from T-1… Keep reading →

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