Blog

Latest post

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 →

Rope Stretched Across Recreational Path Covered by Trail Immunity

March 2, 2020

In Reed v. City of Los Angeles, published February 28, 2020, the Second District Court of Appeal, Division 1 affirmed summary judgment for the defendant city in a case alleging dangerous condition of public property. The plaintiff was riding his bicycle on a paved path adjacent to a sports field in a city park early one… Keep reading →
Brown Act Requires That Litigation Threat That Prompts Closed Session of City Council Meeting Must Be Disclosed in Agenda Before Meeting: But Failure to Do So Was Not Prejudicial

February 11, 2020

In Fowler v. City of Lafayette, published February 10, 2020, the First District Court of Appeal, Division 4 affirmed judgment in favor of the defendant city in a lawsuit that contended that a decision affirming construction should be nullified due to an alleged violation of the Ralph M. Brown open-meetings act. The defendant city's council held… Keep reading →
District Court Insufficiently Explained Its Decision to Limit Plaintiff Who Settled for 10% of Damages Sought to 10% of Fee Sought

February 5, 2020

In Vargas v. Howell, published February 5, 2020, a divided panel of the 9th Circuit Court of Appeals affirmed in part and reversed in part a fee award to a plaintiff in a 42 U.S.C. section 1983 case who entered into a settlement with the defendants that allowed the plaintiff to seek his attorney fees… Keep reading →
Law Clearly Establishes Using Deadly Force after Low-Speed Chase, Absent Threat of Serious Injury to Shooting Officer or Others, Violates Fourth Amendment

February 3, 2020

In Orn v. City of Tacoma, published February 3, 2020, the 9th Circuit affirmed a district court decision denying a police officer summary judgment in a 42 U.S.C. section 1983 case on the ground of qualified immunity. Because this was an interlocutory appeal from denial of qualified immunity, the appellate court resolved the disputed facts of… Keep reading →
Penal Code section 832.7 Requires Law-Enforcement Agencies to Produce Officer-Related Records Produced by Other Agencies; but CPRA Catch-All Exception Applies

February 2, 2020

In Becerra v. Superior Court (First Amendment Coalition), published January 29, 2020, the First District Court of Appeal, Division 3 affirmed a trial court decision ordering the California Department of Justice and California Attorney General to disclose police officer related records under Penal Code section 832.7 in response to a California Public Records Act request. … Keep reading →
Juvenile Correction Officer’s Sexual Comments and Conduct toward Ward of Opposite Sex, including Observing Her in Shower, May Have Violated Clearly-Established Law

February 1, 2020

In Vasquez v. County of Kern, published January 31, 2020, the 9th Circuit reversed summary judgment for a juvenile corrections officer and his supervisor in a lawsuit by a juvenile ward under 42 U.S.C. section 1983, alleging violation of the ward's Fourteenth Amendment rights. The officer allegedly made multiple sexual comments to the ward; was alone… Keep reading →
Entity Could Not Rely on Stated Date of Injury in Failing to Reject Defamation Claim as Untimely; Prosecutorial Immunity Does Not Apply to Ministerial Act of Recording; Monell Liability for Failure to Train Need Not Be Pleaded with Particularity

January 29, 2020

In Roger v. County of Riverside, published January 22, 2020, the Fourth District Court of Appeal, Division 2 reversed a judgment for the defendant county entered on demurrer and summary judgment. The plaintiff was a physician whom the court held in contempt when he refused to produce documents a court-appointed receiver requested to be produced in… Keep reading →
Intersection Where Motorist with Sun in His Eyes Hit Pedestrian Is Not in a Dangerous Condition

January 28, 2020

In Thimon v. City of Newark, published January 27, 2020, the First District Court of Appeal, Divison 2 affirmed summary judgment for the defendant city in a case alleging a city intersection was a dangerous condition of public property. The 14-year-old plaintiff was crossing the intersection on her way to school at 7:30 on a December… Keep reading →
Lack of Barrier to Prevent Trespassing on Adjoining Property Is Not Dangerous Condition

January 25, 2020

In Hedayatzadeh v. City of Del Mar, published January 22, 2020, the Fourth District Court of Appeal, Division 1 affirmed summary judgment in favor of the defendant city. A city street terminates at a guardrail on an ocean bluff. There is no barrier preventing pedestrians from walking past the guardrail, and pedestrians would pass by the… Keep reading →

Latest post