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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 →

Conflict-Of-Interest Statute and Competitive-Bidding Statutes Apply to Personal Services Contracts between Public Entities and Independent Contractors

May 14, 2018

In Strategic Concepts, LLC v. Beverly Hills Unified School District, published May 10, 2018, the Second District Court of Appeal, Division 6 reversed a judgment, entered after jury trial, that awarded the plaintiff LLC millions in damages for breach of contract. A district employee who administered the planning, construction, and maintenance of the District's school facilities… Keep reading →
Apex Deposition Rule Bars Deposition of Agency Head about Agency’s Interpretation of Statutes

May 10, 2018

In Contractors' State Licensing Board v. Superior Court (Black Diamond Electric), ordered published May 9, 2018, the First District Court of Appeal, Division 1 issued a peremptory writ in the first instance reversing a trial court decision denying a protective order. After the petitioner board initiated a disciplinary proceeding against the real party electrical contractor, the… Keep reading →
Standards for Determining Policymaker Liability under 42 U.S.C. Section 1983 Also Apply to Municipal Liability under Title VI and 34 U.S.C. section 12601

May 7, 2018

In United States of America v. County of Maricopa, published May 7, 2018, the 9th Circuit affirmed summary judgment in favor of the United States in a lawsuit to halt racially discriminatory police traffic stop policies instituted by the defendant county's former sheriff, Joe Arpaio. Under those policies, the sheriff's department routinely targeted Latino drivers and… Keep reading →
District Failed to Reasonably Accommodate Probationary Employee, or Engage in Interactive Process, When It Granted Her Medical Leave and Terminated Her While She Was on Leave

May 4, 2018

In Hernandez v. Rancho Santiago Community College Dist., published May 3, 2018, the Fourth District Court of Appeal, Division 3 affirmed a judgment after bench trial holding that the defendant district failed to reasonably accommodate the plaintiff or engage in an interactive process with her, in violation of the Fair Employment and Housing Act. In a… Keep reading →
Water District Cannot Be Held Liable in Nuisance or Inverse Condemnation for Damage to Pipes from Water That Meets Federal and State Regulatory Standards

May 4, 2018

In Wlliams v. Moulton Niguel Water District et al., published May 3, 2018, the Fourth District Court of Appeal, Division 3 affirmed judgment granted to the defendant water district after a bifurcated bench trial. The plaintiff class of homeowners alleged that the district's addition of chloramine to the water the homeowners were receiving caused pinhole leaks… Keep reading →
Although Enforcement of California Medical Waste Statute on Disposal of Waste outside California Violates Dormant Commerce Clause, Officials Entitled to Qualified Immunity for Enforcement Decision

May 2, 2018

In Daniels Sharpsmart v. Smith, published May 2, 2018, the 9th Circuit Court of appeals affirmed a district court decision to issue a temporary restraining order against the California Department of Public Health's enforcement of the California Medical Waste Management Act, but reversed denial of the department's officials' motion to dismiss based on qualified immunity. The plaintiff… Keep reading →
The Constitution Permits Officers to Seize Diseased, Dangerous, or Endangered Pets without a Warrant or Pre-Seizure Hearing

May 1, 2018

In Recchia v. Los Angeles Department of Animal Services, published May 1, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part the summary judgment in favor of the defendant city and its defendant animal welfare officers in a lawsuit a homeless man brought challenging the seizure and destruction of his pet birds. … Keep reading →
Deliberate Indifference Standard for Inadequate Medical Care to Pretrial Detainees Is Objective, Not Subjective

April 30, 2018

In Gordon v. County of Orange, published April 30, 2018, the 9th Circuit Court of Appeals reversed summary judgment granted to defendants in a 42 U.S.C. section 1983 lawsuit arising from the death of a pretrial detainee in county jail. The decedent was arrested on heroin-related charges. The intake nurse allegedly failed to use an assessment… Keep reading →
Officer Entitled to Qualified Immunity for Shooting Suspect Who Had Opened Door with Knife Raised; Excessive Force with Intent to Violate Fourth Amendment Violates Bane Act

April 23, 2018

In Reese v. County of Sacramento, published April 23, 2018, the 9th Circuit Court of Appeals affirmed a district court's post-verdict order granting judgment as a matter of law on a 42 U.S.C. section 1983 claim under the Fourth Amendment, but reversed its sua sponte grant of summary judgment on a Civil Code section 52.1 Bane… Keep reading →

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