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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 →

Foster Child Failed to Prove That County’s Alleged Failure to Comply with Mandatory Duties Caused Her Injury by Third Party

July 23, 2019

In Doe v. Dept. of Children & Family Services, published July 17, 2019, the Second District Court of Appeal, Division 8, affirmed nonsuit in favor of the defendant county. While in a foster placement with a foster mother, the plaintiff, then 17, began a sexual relationship with an adult son who lived at the residence, and… Keep reading →
Complaint Alleging Improper Solitary Confinement of Mentally Ill Inmates Stated Claim under Eighth Amendment

July 23, 2019

In Disability Rights Montana, Inc. v. Batista, published July 19, 2019, the 9th Circuit reversed the dismissal of a 42 U.S.C. section 1983 lawsuit at the pleading stage. An organization tasked by Congress with protecting the rights of mentally ill persons filed suit alleging Montana prison officials violated the Eighth Amendment through policies and practices of… Keep reading →
Government Code Statutory Immunities Are Not Jurisdictional; They Must Be Pleaded

July 15, 2019

In Quigley v. Garden Valley Fire Protection District, published July 15, 2019, the California Supreme Court reversed the lower appellate court's decision affirming a nonsuit. The plaintiff was a firefighter who was ran over by a service truck while she was sleeping on the ground at a base camp. She alleged that the base camp was… Keep reading →
Issues of Fact Defeat Summary Judgment for Officer Shooting Suspected Knife Wielder Without Warning or Identifying Himself

July 11, 2019

In Nehad v. Browder, published July 11, 2019, the 9th Circuit affirmed in part and reversed in part summary judgment granted in favor of an officer and his employing city. A store worker had called 911 because a man showed him an unsheathed knife and acted incoherent. The dispatcher put out a call that a man… Keep reading →
Section 1983 Claim for Prosecution Based on Fabricated Evidence Accrues When Criminal Prosecution Terminates in Plaintiff’s Favor

June 28, 2019

In McDonough v. Smith, published June 20, 2019, the U.S. Supreme Court reversed a district court's decision that a plaintiff's claim under 42 U.S.C. section 1983 for prosecution based on fabricated evidence was time-barred. The plaintiff, a commissioner of a county board of elections, processed forged ballots. He alleges he was unaware the ballots were forged. … Keep reading →
School District Was Entitled to Private Attorney General Fees for Enforcing Charter School Statutes

June 28, 2019

In Sweetwater Union High School District v. Julian Union Elementary School District, ordered published June 28, 2019, the Fourth District Court of Appeal, Division 1, affirmed an award of fees to the plaintiff school district under Code of Civil Procedure section 1021.5. The plaintiff district alleged that the defendant district authorized a defendant charter school operator… Keep reading →
Limited Success in Section 1983 Lawsuit Plus Inflated Fee Request Justified Trial Court in Denying Fee Request Entirely

June 26, 2019

In Guillory v. Hill, ordered published June 26, 2019, the Fourth District Court of Appeal, Division 3 affirmed a trial court order denying the plaintiffs in a 42 U.S.C. section 1983 case all of the fees they sought. The plaintiffs sued for alleged overdetention after a search. Plaintiffs sued multiple defendants. Eventually one was left.… Keep reading →
Supreme Court Overrules Williamson County; Federal Takings Claims Are Ripe at the Time of Taking without Compensation

June 21, 2019

In Knick v. Township of Scott, PA., published June 21, 2019, the U.S. Supreme Court reversed a district court decision and a Third Circuit decision dismissing a regulatory takings case as unripe. The plaintiff, on whose land neighbors were buried, challenged an ordinance that required cemeteries to be kept open and accessible to the public. The… Keep reading →
Trial Court Properly Granted Conditional New Trial/Remittitur when Size of Verdict indicates Jury Punished Public Entity Employer

June 19, 2019

In Pearl v. City of Los Angeles, published June 18, 2019, the Second District Court of Appeal, Division 7 affirmed a trial court's grant of conditional new trial. The plaintiff, an employee of the defendant city, put on evidence that one of his high-ranking managers doctored a photo to show the male plaintiff and a male… Keep reading →

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