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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 →

Newspaper Entitled to Private Attorney General Fees for Opposing Police Officers’ and Union’s Reverse-PRA Action

April 15, 2018

In Pasadena Police Officers Association v. City of Pasadena (Los Angeles Times Communications, LLC, Intervenor), published April 12, 2018, the Second District Court of Appeal, Division 1 reversed in part and affirmed in part a trial court ruling on attorney fees in a reverse-PRA action (a suit challenging a public agency's decision to produce documents under… Keep reading →
Police Officer Entitled to Qualified Immunity for Use of Deadly Force against Woman Holding Kitchen Knife

April 2, 2018

In Kisela v. Hughes, published April 2, 2018, the United States Supreme Court, in a per curiam 7-2 opinion, reversed a Ninth Circuit decision that a police officer was not entitled to summary judgment on a 42 U.S.C. section 1983 claim that the officer violated the plaintiff's Fourth Amendment rights. A neighbor called 911 and reported… Keep reading →
County Counsel’s Breach of Contract Suit against County for Employment Investigation Does Not Survive Anti-SLAPP

March 30, 2018

In Guarino v. County of Siskiyou, ordered published March 29, 2018, the Third District Court of Appeal affirmed a trial court order granting an anti-SLAPP special motion to strike the plaintiff's complaint. The plaintiff was county counsel. According to the plaintiff's allegations,i n 2011, the county investigated a complaint by the plaintiff's subordinate that the plaintiff… Keep reading →
Public Colleges and Universities Owe Students a Duty to Protect Them from Foreseeable Violence during Curricular Activities

March 28, 2018

In Regents of University of California v. Superior Court (Rosen), published March 22, 2018, the California Supreme Court reversed the lower appellate court's decision that UCLA owed no duty to a student to warn her of or protect her from another student's attack. The school was aware that the student who ultimately attacked the plaintiff was… Keep reading →
Approving Engineer’s Declaration That He Did Not Consider Safety Feature Plaintiff Contends Should Have Been Present Does Not Defeat Design Immunity

March 28, 2018

In Rodrieguez v. Department of Transportation, published March 27, 2018, the Fifth District Court of Appeal affirmed summary judgment for Caltrans in a case alleging a dangerous condition of public property. A pickup truck in which the plaintiff was a passenger ran off the road on a state highway. The plaintiff contended that the shoulder where… Keep reading →
Trail Immunity Applies Where Person Approaching Trail Falls Down Slope, Crosses Trail, and then Falls Off Adjoining Embankment

March 26, 2018

In Arvizu v. City of Pasadena, ordered published March 23, 2018, the Second District Court of Appeal, Division 3 affirmed summary judgment in the City's favor in a lawsuit alleging a dangerous condition of public property. The plaintiff entered a portion of the Arroyo Seco park in the early morning, while the park was closed, headed… Keep reading →
Sheriff Cannot Be Held Liable in Individual Capacity for Allegedly Improper Conditions of Civil Detention

March 21, 2018

In King v. County of Los Angeles, published March 12, 2018, the 9th Circuit affirmed in part and reversed in part summary judgment granted to the defendant county and its sheriff. While awaiting adjudication of an involuntary commitment petition under California’s Sexually Violent Predator Act, the plaintiff was incarcerated in a county jail for eight years. For more… Keep reading →
Pro Se Prisoner Adequately Alleged Claim for Excessive Force

March 20, 2018

In Byrd v. Phoenix Police Dept., published March 16, 2018, the 9th Circuit reversed a district court's dismissal, at the pre-answer screening stage, of a pro se prisoner's 42 U.S.C. § 1983 lawsuit against police officers. The plaintiff alleged that the defendant officers stopped him for riding a bicycle without a headlight; did not issue him… Keep reading →
Although the Government Claims Act Exempts Childhood Sexual Molestation Causes of Action from the Claim Presentation Requirement, It Permits Local Public Entities to Impose Their Own Claim Requirements (No Longer Good Law)

March 16, 2018

Update: On July 17, 2019, the California Supreme Court transferred this decision to the Court of Appeal with directions to vacate its decision and reconsider the cause in light of subsequent legislation amending Government Code sections 905 and 935 to bar local entities from imposing claim requirements on childhood sexual abuse claims. The Court of… Keep reading →

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