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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 →

Broad License Plate Scan Data Are Not Investigatory Records under the California Public Record Act, but Unredacted Data Are Exempt under the Catch-All Exemption

September 1, 2017

In ACLU v. Superior Court (County of Los Angeles), published August 31, 2017, the California Supreme Court affirmed in part and reversed in part an appellate court ruling that Los Angeles Police Department and Los Angeles County Sheriff's Department automated license plate reader data are exempt from production under the California Public Record Act. The ALPR… Keep reading →
Although Jury Verdict Finding Officer Used Excessive Force Is Supported by the Evidence, Officer Entitled to Qualified Immunity

August 30, 2017

In Shafer v. Padilla, published August 29, 2017, the 9th Circuit reversed a jury verdict against a police officer in a case alleging that the officer used excessive force in a misdemeanor arrest. The officer had received complaints of people being hit with water balloons. He found the plaintiff holding water balloons. The plaintiff refused to… Keep reading →
Childhood Molestation Statute of Limitations Does Not Create Accrual Date for Purposes of Government Claims Act

August 28, 2017

In Rubenstein v. Doe 1, published August 28, 2017, the California Supreme Court reversed a Court of Appeal decision that the plaintiff had complied with the Government Claims Act deadline to present a timely claim. The plaintiff alleged that in 1993-1994, when she was a high school student, her coach, an employee of the defendant district,… Keep reading →
Split of Authority on Proof Necessary for Police Pursuit Immunity

August 26, 2017

*******************Update: See August 13, 2018 California Supreme Court Opinion affirming Ramirez.******** In Ramirez v. City of Gardena, published August 23, 2017, the Second District Court of Appeal, Division 1, affirmed summary judgment in favor of the defendant city. The plaintiff's decedent was fatally injured in a PIT maneuver during a high-speed chase. The plaintiff sued the… Keep reading →
Because Parkway Tree Was Not Public Improvement and Maintenance Was Proper, City Not Liable in Inverse Condemnation for Damage Caused by Falling Tree

August 24, 2017

In Mercury Casualty Co. v. City of Pasadena, published August 24, 2017, the Second District Court of Appeal, Division 3 reversed a court judgment holding the defendant city liable for inverse condemnation. A parkway tree that was over 100 feet tall grew in the parkway in front of Mercury's insured's house. In an unusual storm in… Keep reading →
Public Employer’s Broad Prohibition on Employees Discussing Government Program Violates First Amendment; and Official Is Not Entitled to Qualified Immunity for Imposing Ban

August 22, 2017

In Moonin v. Tice, published August 22, 2017, the 9th Circuit Court of Appeals affirmed a district court order denying qualified immunity to a Nevada Highway Patrol supervising officer and granting partial summary judgment to a patrolman. The supervisor sent an e-mail to K9 officers in the patrol barring any direct contact between K9 handlers or… Keep reading →
Contractor’s Attempt to Enforce Alleged Oral Contract with County Through Promissory Estoppel Lacks any Reasonable Basis, Justifying CCP 1038 Fee Award

August 16, 2017

In Ponte v. County of Calaveras, ordered published August 15, 2017, the Third District Court of Appeal affirmed both a summary judgment granted to the defendant county and an award of attorney fees to the County under Code of Civil Procedure section 1038. The plaintiff contractor alleged that he performed work on a land failure on county… Keep reading →
Code of Civil Procedure 998 Applies in Actions under FEHA and the Peace Officers’ Bill of Rights

August 15, 2017

In Sviridov v. City of San Diego, ordered published August 15, 2017, the Fourth District Court of Appeal, Division 1 affirmed a decision awarding the defendant city its post-offer costs under Code of Civil Procedure section 998 in a lawsuit the plaintiff police officer brought under the Fair Employment and Housing Act and the Peace Officer's… Keep reading →
Public Records Act Petitioner Is Prevailing Party if Discovery Prompts Agency to Disclose Responsive Documents

August 15, 2017

In Sukumar v. City of San Diego, published August 15, 2017, the Fourth District Court of Appeal, Division 1 reversed a trial court decision denying a fee motion brought by a California Public Records Act petitioner whose petition was defeated. The petitioner sought records about his property and his neighbors. Not satisfied with the city's production… Keep reading →

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