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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 →

Plaintiff States Cause of Action under 42 U.S.C. § 1983 for City’s Failure to Apply Vehicle Sales Revenue to Unpaid Parking Tickets

December 26, 2018

In Modacure v. B & B Vehicle Processing, pubilshed December 21, 2018, the First District Court of Appeal, Division 5 reversed a trial court's dismissal after demurrer of a lawsuit challenging a city's application of vehicle sales proceeds. The complaint alleged the city contracted with a private company to tow vehicles with more than five parking… Keep reading →
Police Department and City Attorney Violated Officer’s Attorney-Client Privilege, but Recusal of City Attorney’s Office Not Warranted

December 20, 2018

In City of San Diego v. Superior Court (Hoover), published December 19, 2018, the Fourth District Court of Appeal, Division 1 issued a writ vacating a trial court order disqualifying a city attorney's office from defending the city in an employment lawsuit. The real party in interest, a police detective, sued the city, her employer, alleging… Keep reading →
Jury Instruction in Sidewalk Maintenance Case to Disregard Design Elements Was Prejudicially Confusing

December 19, 2018

In Guernsey v. City of Salinas, published December 17, 2018, the Sixth District Court of Appeal reversed a judgment based on jury verdict in a pedestrian v. auto case. A crosswalk on city property that runs across a driveway to a shopping center had faded, allegedly due to failure to maintain. Next to the crosswalk was… Keep reading →
University Not Immune to Potential Liability for Failing to Prevent Mentally Ill Student from Attacking Fellow Student

December 6, 2018

In Regents of the University of California v. Superior Court (Rosen), published December 3, 2018, the Second District Court of Appeal, Division 7, on remand from the California Supreme Court, affirmed denial of the defendant Regents and university personnel's motion for summary judgment in a negligence case brought by a UCLA student who was stabbed in… Keep reading →
Simultaneously Mailing Notice and Posting It upon Affected Property Satisfied both Ordinance and Due Process

November 26, 2018

In Rasooly v. City of Oakley, ordered published November 21, 2018, the First District Court of Appeal, Division 5 affirmed a Code of Civil Procedure section 1094 motion for judgment on a writ petition based on the petitioner's failure to exhaust administrative remedies. In 2015, the city red tagged a vacant industrial building the petitioner owned. … Keep reading →
If Law Enforcement Agency Induced Family’s Detrimental Reliance on Search Efforts, It Owed Duty to Carry Out Search with Due Care, but Did Not Violate the Constitution

November 21, 2018

In Arista v. County of Riverside, published November 20, 2018, the Fourth District Court of Appeal, Division 2 reversed in part and affirmed in part a trial court decision sustaining a demurrer without leave to amend and dismissing an action against the defendant county. According to the complaint's allegations, the plaintiffs' decedent set out mountain biking… Keep reading →
Although Issues of Fact on Use of Force Defeat Summary Judgment on Qualified Immunity, Officer Entitled to Qualified Immunity on Issues Where Facts Are Not Genuinely Disputed

November 20, 2018

In Foster v. Hellawell, published November 20, 2018, a divided Ninth Circuit panel affirmed in part and reversed in part a district court order denying a police officer summary judgment based on qualified immunity. A 911 call was received that a man had displayed a gun and was walking toward stores that had previously been robbed. … Keep reading →
Trial Court Did Not Abuse Discretion in Limiting Mini-Openings and Declining Challenges for Cause in Student Supervision Case

November 16, 2018

In Alcazar v. Los Angeles Unified School Dist., ordered published November 15, 2018, the Second District Court of Appeal, Division 1 affirmed judgment for the defendant school district after a jury trial. The plaintiff was a middle-school student with learning disabilities who fell and was injured after swinging on a tree branch that broke. The plaintiff… Keep reading →
Officer Violated Fourth Amendment by Entering Home under Ruse for Administrative Inspection, but Is Entitled to Qualified Immunity

November 2, 2018

In Whalen v. McMullen, published October 30, 2018, the 9th Circuit affirmed summary judgment in favor of a Washington State Patrol detective in a suit alleging the officer conducted a search of the plaintiff's house that violated the Fourth Amendment. The plaintiff was receiving Social Security Disability benefits. A task force that investigates potential social security… Keep reading →

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