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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 →

City Did Not Waive Claim Timeliness by Offering Rate Refund Program

February 18, 2021

In Daneshmand v. City of San Juan Capistrano, ordered published February 16, 2021, the Fourth District Court of Appeal, Division 3 affirmed judgment in favor of the defendant city. In a prior lawsuit, the trial and appellate court ruled that tiered water rates in effect February 1, 2010 through June 30, 2014 were not proportional to… Keep reading →
District Court Errs in Conflating Fourth Amendment Law on Police Use of Force with Broader Standards of California Negligence Law

February 17, 2021

In Tabares v. City of Huntington Beach, published February 17, 2021, the 9th Circuit Court of Appeals reversed the district court's grant of summary judgment on the plaintiff's claims for negligent use of force under California law. The defendant police officer observed the plaintiff's decedent acting erratically on the street. The officer parked, exited his vehicle,… Keep reading →
Summary Judgment on Substantive Due Process Claim Proper Where Disputed Facts Immaterial and Public Entity Refuted Plaintiff’s Claims

February 3, 2021

In Momox-Caselis v. Donohue, published on February 3, 2021, the 9th Circuit Court of Appeals affirmed summary judgment in favor of a defendant county and its employees. The plaintiffs are the natural parents of a deceased infant. The county removed the infant from the plaintiffs' custody due to long-term neglect. After the county received a report… Keep reading →
Plaintiffs Failed to Raise Viable Challenge to City’s Decision to Remove Historical Sculpture

February 2, 2021

In Schimd v. City and County of San Francisco, published February 1, 2021, the First District Court of Appeal, Division 4 affirmed dismissal after demurrer of a lawsuit brought by two San Francisco taxpayers challenging the administrative decision of the San Francisco Board of Appeals authorizing the removal of a bronze sculpture that was originally… Keep reading →
Approved Plan Showing Absence of Bicycle Lane Entitled City to Design Immunity

January 29, 2021

In Tansavatdi v. City of Rancho Palos Verdes, published January 29, 2021, the Second District Court of Appeal, Division 4 affirmed in part and reversed in part summary judgment granted to the defendant city. Plaintiff's decedent was riding his bicycle on a roadway without a bike lane. He rode straight through a right-turn lane at an… Keep reading →
The Law Clearly Establishes That a Passenger Is Seized under the Fourth Amendment when a Police Officer Shoots at a Vehicle, and that Use of Deadly Force toward a Fleeing but Non-Threatening Vehicle Violates the Fourth Amendment

January 28, 2021

In Villaneuva v. Cleveland, filed January 28, 2021, the 9th Circuit Court of Appeals affirmed the district court's denial of summary judgment in a 42 U.S.C. section 1983 case based on qualified immunity. Police officers observed a vehicle commit various traffic violations. When the vehicle left the scene, the officers gave chase in an unmarked… Keep reading →
Suspect Whose Un-Mirandized Confession Is Used in Criminal Prosecution against Him May Assert Fifth Amendment Claim against Officer Who Took Confession

January 19, 2021

In Tekoh v. County, et al., published January 15, 2021, the 9th Circuit Court of Appeals reversed a defense verdict in a 42 U.S.C. section 1983 case and remanded it for retrial. The plaintiff, an employee at a county medical center was accused of sexual assault on a patient. An investigating sheriff's deputy went to the… Keep reading →
Although Previous Authority Applied a Subjective Standard to Fourteenth Amendment Deliberate Indifference Claims by Pre-Conviction Prisoners, Qualified Immunity for Conduct During That Time Is Determined under an Objective Standard

January 17, 2021

In Sandoval v. County of Los Angeles, published January 13, 2021, a divided panel of the 9th Circuit Court of Appeal reversed summary judgment granted to the defendant county and three jail nurses in a lawsuit brought under 42 U.S.C. section 1983. The plaintiff’s decedent overdosed on methamphetamine before arrest, swallowing the drug in an… Keep reading →
Factual Disputes on Meaning of Facebook Post and Disruption Caused Prevented Summary Judgment on First Amendment Retaliation Suit

January 16, 2021

In Moser v. Las Vegas Metropolitan Police Dept., published January 12, 2021, a divided panel of the 9th Circuit Court of Appeals reversed summary judgment in favor of the defendant department. An officer in the department was shot. The suspect was later arrested. The plaintiff, a SWAT team sniper in the department, posted a comment on… Keep reading →

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