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 →

Public Entity May Not Retaliate against Employee for Disclosing Entity’s Potential Fraud upon the Court

November 15, 2017

In Whitehall v. County of San Bernardino, published November 15, 2017, the Fourth District Court of Appeal, Division 2, affirmed a trial court order denying the defendant county's Anti-SLAPP special motion to strike the plaintiff social worker's whistleblower suit under Labor Code section 1102.5. The deputy director of Children and Family Services instructed the plaintiff to… Keep reading →
Taxpayer Status Gives Plaintiffs Standing to Assert Conflict of Interest Challenge to Public Entity Transaction

November 9, 2017

In San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego, published November 9, 2017, the Fourth District Court of Appeal, Div. 1 reversed dismissal of the plaintiff organization's action challenging municipal ordinance authorizing issuance of bonds to refinance the defendant authority and defendant city's obligations concerning building of a… Keep reading →
Charter City Was Exempt from State Law Requirement That Its Specific Plan Be Consistent with Its General Plan

November 1, 2017

In The Kennedy Commission v. City of Huntington Beach, published October 31, 2017, the Fourth District Court of Appeal, Division 2 reversed a trial court writ striking down the respondent city's amendment to its specific housing plan as void ab initio because it was inconsistent with the city's general plan. Government Code section 65454, which requires… Keep reading →
Shooting Downed Suspect Who No Longer Poses Threat and Stomping on His Head Violates Clearly-Established Law

November 1, 2017

In Zion v. County of Orange, published November 1, 2017, the 9th Circuit Court of Appeals reversed summary judgment granted to the defendant deputy. The plaintiff's decedent bit his mother and cut her and a roommate with a kitchen knife. When deputies arrived, the decedent ran at a deputy and stabbed him in the arms. The… Keep reading →
Billboard Ordinance’s Exclusion of Noncommercial Signs Is Constitutional

October 23, 2017

In Contest Promotions v. San Francisco, amended October 23, 2017, the 9th Circuit affirmed the district court's dismissal of a 42 U.S.C. section 1983 challenge to the constitutionality of a city's billboard ordinance. The city's planning code differentiated between general signs (which direct attention to business that takes place elsewhere than on the premises where the… Keep reading →
Continuously Tasing a Prone, Non-Threatening Suspect for Ninety Seconds Violates Clearly-Established Law

October 20, 2017

In Jones v. LVMPD, published October 20, 2017, the 9th Circuit Court of Appeals reversed in part and affirmed in part summary judgment granted to the defendant police officers. One of the officers stopped the vehicle the decedent was driving. The officer ordered the decedent out of the car to be patted down. The decedent started… Keep reading →
Divided 9th Circuit Panel Holds That the Clearly-Established-Law Prong of Qualified Immunity Is Issue for Court, Not Jury

October 16, 2017

In Morales v. Fry, published October 16, 2017, a divided panel of the 9th Circuit Court of Appeals reversed in part and affirmed in part a judgment after jury trial in a 42 U.S.C. section 1983 suit against two police officers. During a protest, Officer Rees put his hand on the plaintiff's shoulder to get her… Keep reading →
Final Decisions in Workers’ Compensation Cases in Which Public Employer Disproved Discrimination Preclude Separate FEHA Actions

October 13, 2017

In Ly v. County of Fresno, published October 12, 2017, the Fifth District Court of Appeal affirmed summary judgment granted the defendant county in a Fair Employment and Housing Act discrimination case brought by three correctional officers. The officers pursued the FEHA action and workers' compensation proceedings simultaneously, with both arising out of alleged employment discrimination… Keep reading →
Although California Public Employment Is Statutory Rather Than Contractual, Public Employees May Bring Federal Claims for Contract-Related Discrimination

October 12, 2017

In Flores v. City of Westminster, published October 11, 2017, the 9th Circuit Court of Appeals affirmed a judgment after jury trial holding current and former police chiefs liable for alleged racial discrimination and retaliation under 42 U.S.C. section 1981. Section 1981 prohibits discrimination in the making and enforcement of contracts by reason of race,… Keep reading →

Latest post