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Officer Used Excessive Force by Firing Foam Batons into Mostly Peaceful Crowd of Protesters, but Is Entitled to Qualified Immunity

November 2, 2026

In Johnson v. Adgar, published November 2, 2026, a divided panel of the 9th Circuit Court of Appeals reversed the district court’s denial of a post-trial motion for judgment as a matter of law based on qualified immunity. A crowd of protesters assembled in a plaza outside of a city hall during daylight hours. The… Keep reading →

Public Entity Employer Waived Attorney-Client Privilege in Documents Underlying Narrative Explanation of Hiring Decision

October 28, 2026

In Civil Rights Department v. City of Torrance, ordered published October 27, 2026, the Second District Court of Appeal, Division 1 affirmed an order granting the CRD’s motion to compel production of documents. A prospective employee filed a complaint with the CRD alleging that the city had discriminated against him in declining to hire him… Keep reading →
Discretionary Immunity Not Applied to Social Worker’s Decisions Regarding Foster Child at Pleading Stage Absent Allegations Showing Exercise of Discretion

October 27, 2026

In K.S. v. County of Alameda, published October 26, 2026, the First District Court of Appeal, Division 4 reversed judgment on the pleadings for the defendant county. The county placed the defendant in a group home when he was 12. From ages 12 to 13, the plaintiff alleges he was sexually abused and assaulted by… Keep reading →
Primary Assumption of the Risk Applied to Student Who Chose to Participate in Basketball PE Class, Regardless of Whether It Was Part of Curriculum

October 23, 2026

In Yzaguirre v. Clovis Unified School District, ordered published October 21, 2026, the Fifth District Court of Appeal affirmed a jury verdict for the defendant district. The plaintiff was a 12-year-old in seventh grade. He played basketball on the school’s junior varsity team and on a separate travel team outside school. The school required students… Keep reading →
Absence of Records from Decades before Lawsuit Filed Did Not Create Triable Issue of Fact on School District’s Actual or Constructive Knowledge of Teacher’s Dangerous Propensities

October 21, 2026

In John Doe N.K. v. Palm Springs Unified School District, ordered published October 21, 2026, the Fourth District Court of Appeal, Division 1 affirmed summary judgment for the defendant school district. The plaintiff filed suit in 2022, alleging that his former teacher sexually abused him while he was attending high school as a 16-year-old during… Keep reading →
City entitled to PREP Act Immunity for Imposing Testing and Masking Mandate on Employees during COVID Pandemic

October 5, 2026

In Schmidt v. City of Pasadena, published October 5, 2026, the 9th Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s lawsuit. In 2021, the city implemented a COVID-19 vaccination policy for its employees, requiring them to either receive the COVID-19 vaccination within one month of implementation or request a medical or… Keep reading →
SB 577 Sets Forth Significant Tort Reform for Suits against Public Entities

October 1, 2026

On September 30, 2026, the Governor signed into law SB 577. This bill amends multiple statutes, and provides significant protections to public entities. In particular, it expands Code of Civil Procedure section 1038, which allows public entities to seek attorney fees for bad-faith lawsuits upon the granting of summary judgment or similar dispositive motions, to… Keep reading →
VC Section 17001 Causes of Action Subject to Claim-Presentation Requirement; Claim Setting Forth No Facts Showing Public Entity or Employee Wrongdoing Will Not Support Lawsuit Alleging Wrongdoing

October 1, 2026

In Weston v. Department of Transportation, ordered published September 28, 2026, the Third District Court of Appeal affirmed dismissal of the plaintiff’s lawsuit after demurrer was sustained without leave to amend. The plaintiff alleged that as she lawfully began to pass a vehicle owned by the defendant entity, driven by its defendant employee, the vehicle… Keep reading →
Police Officers Did Not Violate 4th Amendment by Allegedly Aiming Guns at Felony Suspect’s Head During Arrest

September 26, 2026

In Medrano v. Acosta, published September 25, 2026, a divided panel of the 9th Circuit Court of Appeals reversed denial of summary judgment in a 42 U.S.C. section 1983 case. On a summer evening, the defendant officers received a report that the plaintiff had been seen leaving his girlfriend’s house and was headed to his… Keep reading →
Where Design Plan Contains Warnings, Claim That Property Is Dangerous Because Warnings Are Inadequate Is Subject to Design Immunity

September 25, 2026

In Tansavatdi v. City of Rancho Palos Verdes, published September 24, 2026, the Second District Court of Appeal, Division 4 affirmed summary judgment for the defendant city. A bicyclist riding down a city street toward an intersection failed to see an 80-foot truck turning in the intersection. He went under the wheels of the truck… Keep reading →

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