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Latest post
Armed, Belligerant, Defiant Suspect Need Not Point Weapon at Police to Justify Use of Deadly Force
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 →
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****Update: On August 18, 2021, the California Supreme Court granted review of this decision. The order granting review specified that the lower court decision could continue to be cited for its persuasive authority.**** In Leon v. County of Riverside, published May 27, 2021, the Fourth District Court of Appeal, Division 2 affirmed summary judgment in… Keep reading →
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In Los Angeles Unified School District v. Superior Court (Doe), published May 21, 2021, the Second District Court of Appeal, Division 3 issued a writ directing a trial court to grant a motion to strike a treble damages prayer in a lawsuit. The lawsuit alleged that the petitioner district covered up an employee's sexual abuse of… Keep reading →
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In Witherow v. Baker, published May 18, 2021, a divided 9th Circuit panel affirmed summary judgment for a prison officer in a suit under 42 U.S.C. section 1983 alleging violation of a prisoner's Fourth Amendment rights. The prison unit the plaintiff was in did not allow prisoners to use wall phones. The unit had a single… Keep reading →
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In Caniglia v. Strom, published May 17, 2021, the U.S. Supreme Court reversed a decision from the First Circuit Court of Appeals affirming summary judgment to police officers. During an argument with his wife, the plaintiff placed a handgun on the dining room table and asked his wife to shoot him. The wife left the home… Keep reading →
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In Tobias v. Arteaga, published April 27, 2021, a divided panel of the 9th Circuit Court of Appeals affirmed in part and reversed in part a district court decision denying a summary judgment motion based on qualified immunity. Police arrested the plaintiff, then 13, on suspicion of murder. At the police station, two detectives intensively questioned… Keep reading →
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In Shuler v. City of Los Angeles, published April 5, 2021, the Second District Court of Appeal, Division 8 affirmed judgment on the pleadings for the defendant city. Police officers stopped the plaintiff's car and detained her during a narcotics investigation. They arrested her passenger on suspicion of drug dealing. The officers took the plaintiff and… Keep reading →
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In Merchant v. Corizon Health, published April 2, 2021, the 9th Circuit Court of Appeals affirmed a district court's exclusion of expert evidence and summary judgment in favor of prison officials. The plaintiff, a prisoner, alleged that the state department of corrections and its medical provider were deliberately indifferent to his medical needs and were negligent. … Keep reading →
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In Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire Protection District (County of San Diego), published March 30, 2021, the Fourth District Court of Appeal, Division 1 affirmed a judgment against the petitioner association in a Brown Act lawsuit. The association provided fire prevention and emergency services through a local fire district. The district voted to… Keep reading →
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