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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 →

Section 364 Notice of Intent to Sue Does Not Toll Claim or Late-Claim Application Deadlines

March 27, 2019

In Last Frontier Healthcare District v. Superior Court (Harper), published March 26, 2019, the Third District Court of Appeal issued a writ reversing a trial court order granting a Government Code section 946.6 petition for late claim relief. The plaintiff had surgery on February 17, 2017 at the Modoc Medical Center. She alleges the surgery was… Keep reading →
Because the Law Does Not Clearly Establish That Retaining Property Lawfully Seized under Search Warrant Violates Constitution, Officers Accused of Retention Entitled to Qualified Immunity

March 26, 2019

In Jessop v. City of Fresno, published March 20, 2019, the 9th Circuit Court of Appeals affirmed summary judgment in favor of defendant police officers. As part of an investigation into illegal gambling machines, the officers obtained a search warrant for seizure of money and property related to the machines. The officers executed the warrant and… Keep reading →
Education Code Section Apportioning Liability for Use of School Grounds Does Not Abrogate Rules for Determining Dangerous Condition of Public Property

March 26, 2019

In Grossman v. Santa Monica-Malibu Unified School District, published March 25, 2019, the Second District Court of Appeal, Division 7 affirmed summary judgment granted to the defendant school district. The school district permitted a school booster group and the PTA to hold a carnival fundraiser on a school's grounds. During the carnival, an inflatable slide partially… Keep reading →
Sheriff Entitled to Discretionary Immunity for Enacting Policy of Not Informing ICE of Undocumented Alien Releases

March 25, 2019

In Steinle v. City and County of San Francisco, published March 25, 2019, the 9th Circuit affirmed dismissal of state law negligence claims against the defendant municipality. The county sheriff informed the federal government that his department would not honor Immigration and Customs Enforcement detainer requests (to detain released prisoners for ICE) or notify ICE of… Keep reading →
Federal Claims Challenging Shutdown of Motel Subject to Younger Absentention Based on State Court Nuisance Action, but Damages Claim for Fourth Amendment Violation Is Not

March 20, 2019

In Herrera v. City of Palmdale, published March 20, 2019, the 9th Circuit affirmed in part and reversed in part a district court order dismissing declaratory and injunctive relief claims and staying damages claims in a 42 U.S.C. section 1983 lawsuit. The city obtained an inspection warrant of the plaintiffs' motel to search for suspected code… Keep reading →
School District Did Not Infringe Student’s First Amendment or Substantive Due Process Rights by Expelling Him in Response to Private Journal Entry Discussing School Violence

March 17, 2019

In McNeil v. Sherwood School District, published March 14, 2019, the 9th Circuit affirmed summary judgment in favor of the defendant school district in a 42 U.S.C. section 1983 case brought by a high school student and his parents. The student wrote in his personal journal a hit list of students who "must die." His mother… Keep reading →
The “Committee Exception” to the Brown Act Does Not Apply to Special Meetings

March 6, 2019

In Preven v. City of Los Angeles, published March 4, 2019, the Second District Court of Appeal, Division 1 revsrsed a trial court order dismissing after demurrer a writ petition and declaratory relief action brought to enforce the Brown Act. During the public comment portion of an open committee meeting concerning a proposed real estate development… Keep reading →
Eighth Amendment Limitation on “Excessive Fines” Applies to Civil Forfeitures under State Law

February 21, 2019

In Timbs v. Indiana, published February 20, 2019, a unanimous U.S. Supreme Court reversed an Indiana Supreme Court ruling on a civil forfeiture related to a criminal conviction. The petitioner pleaded guilty to heroin dealing and conspiracy to commit theft. The state limit on the fine for the offenses was $10,000. The state sought civil forfeiture… Keep reading →
Statutory Bar on Public Employee Indemnification of Public Employer Did Not Bar Employees’ Insurer from Contributing to Employer’s Insurer’s Settlement of Lawsuit

February 20, 2019

In Westport Insurance v. California Casualty Management, published February 20, 2019, the 9th Circuit affirmed a district court's summary judgment entered on behalf of plaintiff Westport Insurance Corporation against defendant California Casualty Management Company in a diversity insurance contribution case decided under California law. Three students of a school district sued the district and three of… Keep reading →

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