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Armed, Belligerant, Defiant Suspect Need Not Point Weapon at Police to Justify Use of Deadly Force

September 16, 2026

In Handy v. Jones, published September 15, 2026, the 9th Circuit Court of Appeals reversed a district court order denying a motion to dismiss. Late at night, the plaintiffs’ decedent’s neighbor called 911 multiple times to report a disturbance between the decedent and his girlfriend. The neighbor reported hearing screaming, a loud thud against the… 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 →
Prison Official Violated Clearly-Established First Amendment Rights by Withholding Publication from Prisoners after Prison Determined Publication Did Not Violate Policy

December 16, 2025

In Human Rights Defense Center v. Uttecht, published December 11, 2025, the 9th Circuit Court of Appeals affirmed in part, reversed in part, and remanded summary judgment for the defendants. The plaintiff publisher publishes a habeas corpus guide that it distributes to prisoners. The guide contains sample pleadings with party names redacted. The state department… Keep reading →
County Employee Not Required to Exhaust Administrative Remedies before Bringing Whistleblower Claim

December 16, 2025

In Romero v. County of Kern, published December 15, 2025, the Fifth District Court of Appeal reversed judgment on the pleadings granted to the defendant county. The plaintiff, a captain in the county fire department complained to the battalion chief and the deputy chief that the fire extinguishers on the county’s fire engines were being… Keep reading →
School District That Lacks Actual or Constructive Knowledge of Propensities of Third Party’s Employee Bars Liability for Negligent Supervision

December 4, 2025

In Rancho Cucamonga v. Superior Court (Flowers), ordered published December 3, 2025, the Fourth District Court of Appeal, Division 2 issued a writ reversing a trial court’s denial of summary adjudication of a cause of action. The plaintiff alleged that when he was a minor the director of his school’s childcare program sexually abused him.… Keep reading →
A Public Services Corporation Formed by a Public Agency May Itself Be a Public Agency for Purposes of the Government Claims Act

December 2, 2025

In Black v. Los Angeles County Metropolitan Transportation Authority, published December 2, 2025, the appellate court reversed a dismissal after demurrer. The plaintiff sued Public Transportation Services Corporation alleging wrongful termination in violation of public policy and violation of Labor Code section 970. The corporation moved for judgment on the pleadings on the ground the… Keep reading →
Where Video Evidence Establishes Bus Passenger’s Fall Due to Own Negligence and Natural Movement of Bus, Summary Judgment Proper

December 2, 2025

In Agustin v. Golden Empire Transit District, ordered published November 26, 2025, the Fifth District Court of Appeal affirmed summary judgment for the defendant district. The plaintiff fell over while standing up in a moving bus. The footage taken by the video system on the bus showed that the plaintiff had a plastic bag in… Keep reading →

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