Blog

Latest post

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 →

Law Forbidding Political Apparel at Polling Place Unconstitutionally Indefinite

June 16, 2018

In Minnesota Voters Alliance v. Mansky, published June 14, 2018, the U.S. Supreme Court reversed an Eighth Circuit decision upholding a Minnesota law prohibiting individuals from wearing a political badge, political button, or other political insignia inside a polling place. The Court held that a polling place is a nonpublic forum for First Amendment purposes. Therefore,… Keep reading →
Officers Entitled to Qualified Immunity for Using Lethal Force against Erratically-Behaving Suspect Who Charges Them with Stabbing Weapon

June 11, 2018

In Vos v. City of Newport Beach, pubilshed June 11, 2018, a divided panel of the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment granted to a city and two of its police officers in a police shooting case. Because the undersigned's firm represented the defendants in the case, the… Keep reading →
Because Eleventh Amendment Bars Administrative Mandamus Petition against State in Federal Court, Suit against State University Barred by Failure to Exhaust Judicial Remedies

June 7, 2018

In Doe v. Regents of University of California, published June 6, 2018, the 9th Circuit Court of Appeals reversed denial of a motion to dismiss a suit against the Regents of the University of California and the Assistant Dean of Students at one of the UC universities. The plaintiff, a university student, was suspended for alleged… Keep reading →
Split Opinion: Justice Court’s Decision on TRO Has Issue Preclusive Effect on Section 1983 Claim for Unreasonable Search

June 6, 2018

In Pike v. Hester, published June 6, 2018, a divided panel of the 9th Circuit Court of Appeals affirmed summary judgment in favor of the plaintiff in a 42 U.S.C. section 1983 lawsuit arising out of a dog search of the plaintiff's office. The plaintiff, a county employee and football coach, had an acrimonious relationship with… Keep reading →
Civilians Responding to 911 Call Engaged in Active Law Enforcement for Worker’s Compensation Purposes, Despite Officer’s Alleged Misrepresentations of Fact

June 4, 2018

Update: The California Supreme Court granted review of this case sua sponte. On August 27, 2020, the Supreme Court affirmed the appellate court's decision. Two justices dissented. ************************************************************ In Gund v. County of Trinity, published June 4, 2018, the Third District Court of Appeal affirmed summary judgment granted to the defendant county and a sheriff's deputy… Keep reading →
Police and University Officials Entitled to Qualified Immunity for Use of Force Against Students Refusing Orders to Disperse

May 31, 2018

In Felarca v. Birgeneau, published May 31, 2018, the 9th Circuit reversed denial of summary judgment, on qualified immunity grounds, to multiple police officers and university officials arising out of police use of force against student protesters who violated an order to take down an encampment on campus and disperse. Viewing the facts in the light… Keep reading →
Deputies Not Entitled to Qualified Immunity for Using Force during Prisoner Extraction That Violated Eighth Amendment

May 31, 2018

In Rodriguez v. County, published May 30, 2018, the 9th Circuit affirmed judgment in favor of the plaintiffs after a jury trial in a lawsuit under 42 U.S.C. section 1983 and Civil Code section 52.1. The jury found that deputy defendants violated the Eighth Amendment by their use of force on inmates during cell extractions, including… Keep reading →
District Court Properly Granted Police Officer Summary Judgment based on Qualified Immunity on Court’s Own Motion

May 18, 2018

In Easley v. City of Riverside, published May 18, 2018, a divided panel of the 9th Circuit Court of Appeals affirmed summary judgment granted to a police officer defendant in a 42 U.S.C. section 1983 excessive-force case. The plaintiff was an occupant of a car that was driving erratically. When a police car behind it turned… Keep reading →
Pretextual Show-up and Manufactured Statement Leading to Charges Overcome Presumption of Prosecutorial Independence; but Promising Witness Protection Is Not Fabrication of Evidence

May 17, 2018

In Caldwell v City and County of San Francisco, published May 11, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment in favor of the defendant officers. The plaintiff was convicted of murder and sentenced to over 20 years in prison. He got out of prison on a habeas… Keep reading →

Latest post