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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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In Denny v. Arntz, published October 14, 2020, the First District Court of Appeal, Division 2 affirmed the dismissal based on demurrer of a lawsuit challenging a city proposition. The proposition was summarized in a voter pamphlet. Pre-election, public meetings were held to discuss the digest language on the proposition that would go into the pamphlet. … Keep reading →
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In Boyer v. City of Simi Valley, published October 14,2020, the 9th Circuit Court of Appeals reversed in part and affirmed in part dismissal at the pleadings stage of a lawsuit challenging a city mobile billboard ban. The ordinance banned mobile billboards on public property. It excluded authorized emergency or construction-related vehicles. The plaintiff challenged the… Keep reading →
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In Stevenson v. City of Sacramento, published October 6, 2020, the Third District Court of Appeal affirmed a trial court order conditioning the grant of a request for a preliminary injunction under the California Public Records Act on posting a $2,349.50 undertaking. The plaintiffs submitted CPRA requests to the defendant city for e-mails scheduled for automatic… Keep reading →
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In Lockett v. County of Los Angeles, published October 2, 2020, the 9th Circuit, ruling on an interlocutory appeal, affirmed denial of a motion to dismiss a Monell claim in a 42 U.S.C. section 1983 case on statute of limitations grounds. On January 1, 2016, officers from the defendant county arrested the plaintiff. The plaintiff alleges the… Keep reading →
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In Williams v. County of Sonoma, published September 28, 2020, the First District Court of Appeal, Division 5 affirmed a judgment against the defendant county after jury trial in a case alleging a dangerous condition of public property. The plaintiff biked down a hill on a county road, and encountered a pothole four feet long, three… Keep reading →
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In Lam v. City of Los Banos, published September 25, 2020, a divided panel of the 9th Circuit Court of Appeals affirmed in part and reversed in part denial of an FRCP 50(b) motion after jury verdict. The defendant officer was called to the plaintiff's house to assist the plaintiff in dealing with his son, who… Keep reading →
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In Cates v. Stroud, published September 25, 2020, the 9th Circuit Court of Appeals affirmed summary judgment for defendants in a lawsuit brought under 42 U.S.C. section 1983. The plaintiff went to a prison to visit her incarcerated boyfriend. Before she arrived, correctional officers received a tip that the plaintiff might try to bring drugs into… Keep reading →
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In Koussaya v. City of Stockton, published September 21, 2020, the Third District Court of Appeal affirmed summary judgment in favor of the defendant city and defendant police officers. The plaintiff was a teller in a bank robbed at gunpoint. Police officers confronted the robbers at the bank. The robbers took the plaintiff and two others… Keep reading →
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In Nealy v. County of Orange, ordered published September 14, 2020, the Fourth District Court of Appeal, Division 3 affirmed the trial court's dismissal, based on demurrer, of a dangerous condition lawsuit. A county park included a loop trail used for hiking and bicycling. In the past, a wooden lodgepole fence ran perpendicularly across the trial,… Keep reading →
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