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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 →

Jury Instruction to Defer to Prison Officials Limited to Evidence Treatment Results from Security Concerns

July 28, 2018

In Shorter v. Baca, published July 16, 2018, the 9th Circuit reversed the denial of a new trial motion after a jury trial that resulted in a defense verdict. When the plaintiff, a pretrial detainee, arrived at the county women's jail, a social worker diagnosed her with a mood disorder. She was placed in the unit… Keep reading →
Officers’ Sudden Warrantless Entry into Plaintiffs’ Home Was Proximate Cause of Officer Shooting Homeowner When Homeowner Moved BB Gun

July 27, 2018

In Mendez v. Conley, published July 27, 2018, the 9th Circuit Court of Appeals, on remand from the U.S. Supreme Court, affirmed judgment against the defendant sheriff's deputies under 42 U.S.C. section 1983, and reversed the judgment in the defendants' favor under California negligence law. The deputies were looking for a fugitive. They received a tip… Keep reading →
Officers Allegedly Violated Clearly-Established Law by Directing Trump Supporters to Walk Near Violent Protesters

July 27, 2018

In Hernandez v. City of San Jose, the 9th Circuit Court of Appeals, on interlocutory appeal, affirmed denial of a motion to dismiss based on qualified immunity. The plaintiffs, who attended a rally for then-presidential candidate Donald Trump, alleged that police officers who knew that a mob around the rally had attacked Trump supporters previously that… Keep reading →
Split in Authority on Whether Intentional Tortfeasors Entitled to Fault Apportionment under Proposition 51; Use of Excessive Force with Intention to Deprive Person of Civil Rights Violates Bane Act

July 13, 2018

In B.B. v. County of Los Angeles, partially published on July 10, 2018 and modified on July 12, 2018, the Second District Court of Appeal, Division 3 affirmed in part and reversed in part a judgment against the defendant county and its deputies in a case in which a suspect passed away after deputy use of… Keep reading →
Adopted-Out Son Has No Standing to Sue Police for Death of Biological Mother

July 4, 2018

In Wheeler v. City of Santa Clara, published July 3, 2018, the 9th Circuit Court of Appeals affirmed a district court order dismissing a complaint. The plaintiff's biological mother died in a confrontation with police. The plaintiff was the decedent's only living relative. He was adopted out to other parents as an infant. He alleged he… Keep reading →
Police Interruption of Prayer for Valid Law Enforcement or Investigation Purpose Does Not Violate First Amendment

June 28, 2018

In Sause v. Bauer, published June 28, 2018, the U.S. Supreme Court, per curiam, reversed a Circuit Court decision affirming dismissal of a suit against police officers under 42 U.S.C. section 1983. The plaintiff, suing pro se, alleged that officers investigating a noise complaint gained entrance to her apartment and engaged in abusive behavior. One allegation was… Keep reading →
Public Retirement System Immune from Tort Liability for Seeking Repayment of Pension Overpayments

June 24, 2018

In Krolikowski v. San Diego City Employees' Retirement System, published June 14, 2018, the Fourth District Court of Appeal, Division 1 affirmed judgment after a bench trial in favor of the defendant retirement system. Decades after the plaintiffs, retired city employees, began drawing pensions, SDCERS determined that it had calculated the pensions incorrectly, and was overpaying… Keep reading →
Plaintiff Need Not Show Lack of Probable Cause to Prove Public Entity Violated First Amendment Petition Rights by Retaliatory Arrest

June 24, 2018

In Lozman v. City of Riviera Beach, Florida, published June 18, 2018, the U.S. Supreme Court reversed and remanded a judgment for the defendant city after a jury trial. The plaintiff was an outspoken critic of the city. After the plaintiff filed a lawsuit against the city, the city council held a closed-door meeting on the… Keep reading →
Public Defender Was Not Driving in the Scope of His Employment when Driving Personal Vehicle Home from Office

June 19, 2018

In Newland v. County of Los Angeles, published June 18, 2018, the Second District Court of Appeal, Division 5 reversed denial of a defense motion for judgment notwithstanding the verdict in an auto accident case. The driver was a county public defender who worked in the Norwalk courthouse, and commuted from Long Beach. He needed his… Keep reading →

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