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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 →

Ordinances That Operate to Bar Homeless Individuals with No Access to Shelter from Sleeping on Public Property Violate Eighth Amendment

September 4, 2018

In Martin v. City of Boise, published September 4, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment in favor of the defendant city in an action brought by homeless individuals who had been convicted of or cited for violating the city's camping or disorderly conduct ordinances by sleeping… Keep reading →
The California Public Records Act Does Not Compel Agencies to Create New Records

August 31, 2018

In Sander v. State Bar of California, published August 23, 2018, the First District Court of Appeal, Division 3 affirmed the trial court's decision upholding the California State Bar's denial of a California Public Records Act request for information from the bar admissions database for individually unidentifiable records for all applicants from 1972 to 2008 in… Keep reading →
Detective Violated Clearly-Established Law by Failing to Reveal to Prosecutor That Police Officer Sister of Key Witness Believed Sister to Be Liar

August 17, 2018

In Mellen v. Winn, published August 17, 2018, the 9th Circuit Court of Appeals reversed summary judgment in favor of the defendant police detective. When the detective was the lead investigator of a murder, a key witness told the detective that the plaintiff had confessed to involvement in the murder. One of the detective's fellow police… Keep reading →
Appellant Is Not Successful Party for Purposes of Private Attorney General Fees if Published Opinion Merely Affirms Trial Court’s and Agency’s Relief

August 15, 2018

In Hall v. DMV, published August 15, 2018, the Fourth District Court of Appeal, Division 1 affirmed a trial court order denying a petitioner's motion for attorney fees under the private attorney general fee statute, Code of Civil Procedure section 1021.5. The petitioner was arrested for a suspected DUI. Because he refused to provide a blood… Keep reading →
Pursuit Immunity Does Not Require 100% Certification by Agency’s Officers

August 13, 2018

In Ramirez v. City of Gardena, published August 13, 2018, the California Supreme Court affirmed summary judgment in favor of the defendant city in a wrongful death suit arising out of a police pursuit. In doing so, it resolved a split in authority between the lower court's decision and the one in Morgan v. Beaumont Police Dept.… Keep reading →
Agent Not Entitled to Qualified Immunity for Allegedly Killing Teenager without Provocation

August 7, 2018

In Rodriguez v. Swartz, published August 7, 2018, the 9th Circuit affirmed denial of a motion to dismiss a Bivens action based on qualified immunity. The operative complaint that the decedent, a 16-year-old boy, was peacefully walking down a street in Nogales, Mexico that parallels the U.S.-Mexico border when the defendant, a U.S. Border Patrol Agent, fired… Keep reading →
Field-Trip Immunity Does Not Immunize Community College from Liability for Dangerous Condition of Property That Injures Member of Visiting Athletic Team

August 3, 2018

In Anselmo v. Grossmont-Cuyamaca Community College District, published August 3, 2018, the Fourth District Court of Appeal, Division 1 reversed dismissal of the plaintiff's lawsuit on demurrer. The plaintiff was a member of a community college women's volleyball team. The team traveled to the defendant district's community college's campus to participate in an intercollegiate beach volleyball… Keep reading →
Claimant Who Alleges Claim Is Timely Due to Delayed Discovery May Be Estopped from Asserting Public Entity Waived Untimeliness

July 31, 2018

In Estill v. County of Shasta, published July 31, 2018, the Third District Court of Appeal reversed an order granting new trial after the trial court granted the defendant county summary judgment. The plaintiff, a jail employee, was the subject of an internal affairs investigation in 2009. In September 2009, the sheriff's office served the plaintiff… Keep reading →
School Board’s Policy of Opening Meetings with Prayer Violates Establishment Clause

July 29, 2018

In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, published July 25, 2018, the 9th Circuit affirmed the district court's grant of summary judgment and injunctive relief against the defendant school board. The board instituted a policy of beginning each meeting with a prayer. A rotating set of presenters, from… Keep reading →

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