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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 →

Using Force against a Suspect to Stop the Suspect Is a Fourth-Amendment Seizure, even if the Suspect Evades Capture

March 25, 2021

In Torres v. Madrid, published March 25, 2021, the U.S. Supreme Court, 5-8 (with Justice Barrett taking no part in the decision), reversed a Court of Appeals ruling that a suspect's continued flight after being shot by police negates a Fourth Amendment excessive-force claim. Officers executing a warrant at an apartment complex approached the plaintiff as… Keep reading →
Because Permitting Football Coach’s Onfield Prayers, under the Circumstances, Would Violate the Establishment Clause, School District Did Not Violate His Rights by Firing Him

March 22, 2021

In Kennedy v. Bremerton School District, published March 18, 2021, the 9th Circuit Court of Appeals affirmed a district court's grant of summary judgment to the defendant school district. The plaintiff, assistant coach' to a district high school's varsity football team and head coach to its junior varsity team, had religious beliefs that required him to… Keep reading →
Public Entity Owes No Duty under Government Code section 835 to Person Not on or Using Property or Adjacent Property; Public Health Immunity Applies to Failure to Control Disease on Public Property

March 19, 2021

In City of Los Angeles v. Superior Court (Wong), published March 18, 2021, the Second District Court of Appeal, Division 4 issued a writ directing the trial court to sustain the petitioner city's demurrer to the real party's lawsuit. The real party plaintiff alleged that her husband, a city police officer, contracted typhus from unsanitary conditions… Keep reading →
Suit against City for Releasing Police Officer Records without Prior Notice to Officer Was Subject to Anti-SLAPP; because Law Required Production, the Plaintiff’s Claims Were Unlikely to Succeed

March 18, 2021

In Collondrez v. City of Rio Vista, published March 16, 2021, the First District Court of Appeal, Division 3 affirmed in part and reversed in part a trial court's ruling on an anti-SLAPP special motion to strike. When the plaintiff was a police officer, he received a notice of intent to impose discipline for allegedly falsifying… Keep reading →
Using “Police Lead” Position on Passively Resisting Suspect Violates Clearly-Established Law

March 9, 2021

In Rice v. Morehouse, published March 8, 2021, the 9th Circuit reversed partial summary judgment granted to police officer defendants in a police use of force case. An officer made a traffic stop of plaintiff for changing lanes without signaling for five seconds first. The plaintiff showed the officer his license on command, but refused to… Keep reading →
A Plaintiff Who Seeks Prospective Relief That Has Been Rendered Moot May Still Pursue Civil Rights Suit for Nominal Damages

March 8, 2021

In Uzuegbunam v. Presczewski, published March 8, 2021, the U.S. Supreme Court reversed a circuit court decision that a plaintiff could not maintain standing in a lawsuit alleging violation of the right to free speech. A student of a public university was told that even though he had a permit to speak in a designated speaking… Keep reading →
Officers Did Not Violate Clearly-Established Law by Using Canine to Bite Suspect Who Refused to Exit Car

March 4, 2021

In Hernandez v. Town of Gilbert, published March 4, 2021, the 9th Circuit affirmed the district court's grant of summary judgment to a police officer defendant based on qualified immunity. Police noticed the plaintiff's car swerving. The plaintiff did not pull over in response to police lights or siren. The plaintiff drove into his garage and… Keep reading →
Local Government Health Order Complies with Substantive Due Process if It Has a Rational Basis

March 3, 2021

In County of Los Angeles Department of Public Health v. Superior Court (California Restaurant Assoc.), published March 1, 2021, the Second District Court of Appeal, Division 4 issued a peremptory writ of mandate directing a trial court to vacate an order. The petitioner county issued an order barring outdoor dining during a surge in the COVID-19… Keep reading →
Although Officers Had Probable Cause to Arrest Suspect, They Are Not Immune from Negligence Liability for Interfering with Paramedic Treatment; Immunity for Injuries to Prisoners Does Not Apply to Public Employees

February 19, 2021

In Collins v. County of San Diego, published February 17, 2021, the Fourth District Court of Appeal, Division 1 affirmed a judgment entered after jury trial. County sheriff's deputies investigated reports from the plaintiff that resulted from the plaintiff's delusions. The plaintiff's roommates told the deputies that the plaintiff had been acting oddly. There was conflicting… Keep reading →

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