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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 →

Under California Public Records Act, Public Interest in Protecting Contact Tracing Outweighs Public Interest in Disclosing Locations of COVID-19 Outbreaks

July 19, 2021

In Voice of San Diego v. Superior Court (County of San Diego), published July 16, 2021, the Fourth District Court of Appeal, Division 1 declined to issue a writ of mandate disturbing a trial court's decision on a California Public Records Act petition. The petitioner news media organizations made a CPRA request for records showing the… Keep reading →
For Heck v. Humphrey Purposes, Conviction for Violation of PC 148(a)(1) Establishes That Officer’s Use of Force During Arrest Was Lawful

July 18, 2021

In Lemos v. County of Sonoma, published July 16, 2021, a divided panel of the 9th Circuit Court of Appeals affirmed summary judgment in favor of defendants in the plaintiff’s suit under 42 U.S.C. section 1983 for alleged use of excessive force. One of the defendant officers saw a pickup truck obstructing a lane of… Keep reading →
Tolling of Statute of Limitations for Minor’s Suit includes the Date of the Minor’s 18th Birthday

July 12, 2021

In Shalabi v. City of Fontana, published July 12, 2021, the California Supreme Court affirmed a lower appellate court's decision that a 42 U.S.C. section 1983 lawsuit against the defendant city was filed within the statute of limitations. The plaintiff alleged that on May 14, 2011, a city police officer wrongfully shot and killed the… Keep reading →
Government Code Hazardous Recreational Immunity Applies to Liability from Hazardous Activities, even if Liability Is Not Related to Property

July 11, 2021

In Haytasingh v. City of San Diego, published July 9, 2021, the Fourth District Court of Appeal, Division 1 affirmed in part and reversed in part a decision for the defendant city in a personal injury case. One of the plaintiffs was surfing. A city lifeguard was operating a city-owned personal watercraft on city business. … Keep reading →
Employee Excused from Exhausting Administrative Remedies if Official Who Has Animosity toward Employee and Who Is Central to Controversy Will Be a Decisionmaker

July 5, 2021

In Briley v. City of West Covina, published July 1, 2021, the Second District Court of Appeal, Division 4 affirmed in part and reversed in part a judgment after jury trial in favor of the plaintiff in an employment retaliation case. The plaintiff was a deputy fire Marshal. He complained to the city that various… Keep reading →
A Section 1983 Action for a Taking Does Not Require Exhaustion of Administrative Procedures to Be Final

June 28, 2021

In Pakdel v. City and County of San Francisco, published June 28, 2021, the U.S.U.S. Supreme Court, per curiam vacated and remanded a 9th Circuit decision. Plaintiffs challenged a city requirement that they offer a tenant in a tenancy-in-common a lifetime lease as a condition of converting to condominium ownership. The city refused to exempt them… Keep reading →
Court Must Analyze Facts and Circumstance to Determine Whether Officers Used Unconstitutional Amount of Force

June 28, 2021

In Lombardo v. City of St. Louis, published June 28, 2021, the U.S. Supreme Court, in a split per curiam opinion, reversed and remanded a summary judgment granted in favor of police officers. The plaintiffs' decedent was arrested for trespassing and failure to appear in court for a traffic ticket. While he was in jail, the… Keep reading →
Student’s Profane Social Media Post Complaining about School Protected by First Amendment

June 24, 2021

In Mahoney Area School District v. B.L., published June 23, 2021, the U.S. Supreme Court, ruling 8-1, affirmed a circuit court decision that the defendant school district's discipline of the plaintiff violated the First Amendment. The plaintiff was denied a position on her high school's varsity cheerleading squad and the right fielder position on a private… Keep reading →
Time to File Suit in State Court Is Tolled While Federal Action Is Pending, Through Mandate Issued in Appeal of Right

June 9, 2021

In Sales v. City of Tustin, published June 8, 2021, the Fourth District Court of Appeal, Division 3 reversed summary judgment in favor of the defendant city, granted based on the statute of limitations. Plaintiff alleges her decedent fled an improper detention, was chased into traffic, and was killed. On the last day to file a… Keep reading →

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