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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 →

Anti-SLAPP Special Motion to Strike Not Available Where Communications That Form Basis of Vendor Suit Do Not Involve Matters Pending Before a Legislative Body or in Connection with a Public Issue

February 5, 2019

In Rand Resources, LLC v. City of Carson, published February 4, 2019, the California Supreme Court affirmed in part and reversed in part a lower appellate court's ruling on anti-SLAPP special motions to strike. The plaintiff allegedly entered into an exclusive contract with the defendant city to act as the city's exclusive agent in negotiating with… Keep reading →
Officer Entitled to Qualified Immunity for Failure to Prevent Arrestee’s Suicide Attempt in Cell, but Is Not Entitled to Summary Judgment on State Law Claim

February 1, 2019

In Horton v. City of Santa Maria, published February 1, 2019, a divided 9th Circuit panel affirmed in part and reversed in part a district court order denying summary judgment to a police officer and his city employer in a case brought under 42 U.S.C. section 1983 and California Government Code section 845.6. The plaintiff was… Keep reading →
Exigent Circumstances of Inmate Disturbances and Lockdowns Justified Denying Jail Inmate Bed

January 29, 2019

In Olivier v. Baca, published January 11, 2019, the 9th Circuit affirmed summary judgment granted to a former county sheriff, in his official and individual capacities, in a suit filed by a jail inmate under 42 U.S.C. section 1983. While the inmate was being processed at the county Inmate Reception Center, a series of inmate disturbances… Keep reading →
Under California Public Records Act, Public Entity’s Right to Access Contractor’s Records Does Not Give the Entity Constructive Possession of the Records

January 28, 2019

In Anderson-Barker v. Superior Court (City of Los Angeles), published January 22, 2019, the Second District Court of Appeal, Division 7 denied a petition for a writ of mandate challenging a trial court's decision denying a California Public Records Act petition. The petition sought electronically-stored data relating to vehicles that private towing companies had impounded at… Keep reading →
Post-Incarceration Plea Agreement to Time Served Bars Constitutional Challenge to Original Conviction

January 28, 2019

In Taylor v. County of Pima, published January 17, 2019, the 9th Circuit affirmed the district court's granting of a motion to dismiss a 42 U.S.C. section 1983 suit challenging the defendant's 1972 conviction on grounds of denial of due process and fair trial. In 2012, while still incarcerated, the plaintiff advanced new evidence supporting his… Keep reading →
State Controller Cannot Be Held Liable under Abuse of Process for Improperly Using Discovery Product to Conduct Audit

January 11, 2019

In Yee v. Superior Court (Thrivent Financial for Lutherans), published January 8, 2019, the First District Court of Appeal, Division 2 issued a writ directing the trial court to grant a motion for judgment on the pleadings. The State Controller's Office initiated an audit of the real party insurance company's records. The insurance company and Controller's Office filed… Keep reading →
Court May Not Deny Qualified Immunity in Excessive Force Case on Ground That Freedom from Excessive Force is Clearly Established

January 7, 2019

In City of Escondido v. Emmons, published January 7, 2019, the U.S. Supreme Court, in a per curiam opinion, reversed a 9th Circuit decision holding that excessive force claims against two officers should be sent to trial. The officers answered a domestic abuse call. After the officers knocked on the apartment door but were unable to… Keep reading →
Despite Release to Complainants, Written Dispositions of Complaint against High School Coach Are Protected from Release under Public Record Act

December 28, 2018

In Associated Chino Teachers v. Chino Valley Unified School District, ordered published December 20, 2018, the Fourth District Court of Appeal, Division 2 reversed a trial court order denying an employee organization's writ of mandate to stop production under the California Public Records Act of the respondent district's written dispositions of two complaints against a high… Keep reading →
Impounding Vehicles Because Drivers Lacked California Driver’s Licenses Violated the Fourth Amendment

December 27, 2018

In Sandoval v. City of Santa Rosa, published December 21, 2018, the 9th Circuit affirmed a district court's summary judgment rulings for plaintiffs and defendants in a case brought by two drivers whose vehicles were impounded by a defendant city or defendant county because the drivers had current or expired Mexican driver's licenses (and passengers with… Keep reading →

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