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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 →

Trial Court Improperly Based Demurrer of Writ Petition on Judicial Notice of Interpretation of Transcript

January 16, 2021

In New Livable California v. Association of Bay Area Governments, published January 6, 2021, the First District Court of Appeal, Division 3 reversed dismissal, on demurrer, of a petition for writ of mandate and an action for declaratory and injunctive relief. The plaintiff association alleged that the Association, a joint powers authority, violated the Brown Act… Keep reading →
Appellate Court Lacks Jurisdiction over Interlocutory Appeal from Qualified Immunity Denial Where only Issue is Sufficiency of Evidence to Raise Issue of Fact

January 15, 2021

In Estate of Anderson v. Marsh, published January 15, 2021, a divided 9th Circuit Court of Appeals dismissed, for lack of jurisdiction, an interlocutory appeal from a district court order denying a motion for summary judgment based on qualified immunity. After a high-speed chase, an officer approached a vehicle that had crashed into a fence. The… Keep reading →
Circuit Precedent Did Not Clearly Establish That Accessing Juvenile Records without a Court Order Violated the Fourth Amendment

January 4, 2021

In Nunes v. Arata, Swingle, Van Edmond, & Goodwin, published December 29, 2020, the 9th Circuit Court of Appeals reversed a district court order denying a motion to dismiss brought by defendant county counsel and an outside law firm for the county that was based on qualified immunity. The county separated the plaintiffs' children from… Keep reading →
Uncontradicted Expert Declaration that Alleged Sexual Assault Victim’s Delay in Presenting Claim was Reasonable Did not Require Trial Court to Grant Late-Claim Relief

December 29, 2020

In N.G. v. County of San Diego, published December 28, 2020, the Fourth District Court of Appeal, Division 1 affirmed a trial court decision denying a Government Code section 946.6 petition for relief from failing to present a timely claim. The petitioner alleged that a sheriff's deputy sexually assaulted her in a hotel room bathroom while… Keep reading →
Because Offramp Was Constructed in Substantial Compliance with Approved Plans, Design Immunity Applied

December 28, 2020

In Menges v. Department of Transportation, published December 24, 2020, a divided panel of the Fourth District Court of Appeal, Division 3 affirmed summary judgment in favor of Caltrans based on design immunity under Government Code section 830.6. A tractor-trailer exiting Interstate 5 at Avenida Pico swerved, straddled a curb, crashed through a light standard, and… Keep reading →
Pandemic Order Limiting Church Attendance to 50 or More Subject to Strict Scrutiny

December 16, 2020

In Calvary Chapel Dayton Valley v. Sisolak, published December 15, 2020, the 9th Circuit reversed a district court's order denying a church a preliminary injunction against the Governor of Nevada's emergency directive prohibiting gatherings of 50 or more people in any indoor or outdoor area, including houses of worship. The same directive allows retail businesses and… Keep reading →
Requiring Landlords to Provide Information about Rent-Controlled Units as Condition for Raising Rents Does Not Violate Fourth, Fifth, or Fourteenth Amendments

December 7, 2020

In Hotop v. City of San Jose, published December 7, 2020, the 9th Circuit Court of Appeals affirmed a district court decision dismissing a 42 U.S.C. section 1983 lawsuit after the court offered plaintiffs a chance to amend their complaint and the plaintiffs chose to stand on their unamended pleading. The defendant city passed an ordinance… Keep reading →
Police Officer Violated Clearly-Established Law by Applying for and Obtaining Court Order for Destruction of Seized Property Owner Was Litigating to Regain

December 1, 2020

In Wright v. Beck, published December 1, 2020, the 9th Circuit affirmed in part and reversed in part summary judgment granted to the defendants in a 42 U.S.C. section 1983 lawsuit asserting violation of substantive due process rights under the Fourteenth Amendment. (A separate unpublished decision affirmed summary judgment, based on qualified immunity, as to the… Keep reading →
Supreme Court Issues Preliminary Injunction in Cases Challenging Pandemic Restrictions on Places of Worship

November 27, 2020

In Roman Catholic Diocese of New York v. Cuomo, published November 25, 2020, a split Supreme Court granted an application for injunctive relief enjoining the Governor of New York State from enforcing executive orders imposing restrictions on places of worship of from 25 people to 10 people, depending on whether the areas have been classified as "orange"… Keep reading →

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