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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 →

The Only Portions of Attorney Billing Invoices That May Be Subject to the California Public Records Act Are Fee Totals In Invoices from Long-Concluded Matters

June 22, 2017

In County of Los Angeles Board of Supervisors v. Superior Court (ACLU), ordered published June 22, 2017, the Second District Court of Appeal, Division 3, addressed this case on remand from the California Supreme Court. The Supreme Court's opinion ruled that billing invoices from outside counsel to public entities in pending cases are exempt from the… Keep reading →
Class Member Standing to Bring Title II ADA Claim Is Based on Facility Access, Not Program Access; ADAAG Standards Apply to Public Rights of Way, Parks, and Playgrounds

June 22, 2017

In Kirola v. City and County of San Francisco, published June 22, 2017, the 9th Circuit affirmed in part and reversed in part a district court's decision after a bench trial in a Title II ADA class action challenging access to the disabled for San Francisco's sidewalks, libraries, pools, and parks. The district court ultimately decided… Keep reading →
Bidder That Submits Nonresponsive Response to Request for Proposals Cannot Seek Writ Attacking Successful Bid, Because Bidder Has No Beneficial Interest

June 21, 2017

In SJJC Aviation Services v. City of San Jose, ordered published June 20, 2017, the 6th District Court of Appeal affirmed the dismissal on demurrer of a trial court writ petition challenging the award of a lease for airport facilities. The defendant city issued a Request for Proposal that described the elements required for proposals. The… Keep reading →
Continuing Impound of Vehicle without Justification Violates the Fourth Amendment

June 21, 2017

In Brewster v. Beck, published June 21, 2017, the 9th Circuit reversed dismissal of a 42 U.S.C. section 1983 class action suit brought by the owner of a vehicle that the Los Angeles Police Department impounded for 30 days. The owner loaned her vehicle to a driver who had a suspended license. When police stopped the… Keep reading →
Police Officers Did Not Use Excessive Force in Letting Police Dog Off Leash When Responding to Nighttime Burglar Alarm in Commercial Building

June 7, 2017

In Lowry v. City of San Diego, published June 6, 2017, the 9th Circuit Court of Appeals, sitting en banc, affirmed summary judgment in favor of the defendant city in a 42 U.S.C. section 1983 suit alleging that the city's "bite and hold" policy for police dogs violated the plaintiff's 4th Amendment right to be free… Keep reading →
Taxpayer Action Standing Requires That Plaintiff Pay Tax Assessed by the Defendant Public Entity

June 5, 2017

In Weatherford v. City of San Rafael, published June 5, 2017, the California Supreme Court reversed and remanded a stipulated dismissal of a taxpayer's action under Code of Civil Procedure section 526a. The plaintiff sued a city and county for declaratory and injunctive relief, challenging the manner in which the defendants impounded autos. The lower courts… Keep reading →
U.S. Supreme Court Reject’s Ninth Circuit’s “Provocation” Theory of Excessive-Force Liability

May 30, 2017

In County of Los Angeles v. Mendez, published May 30, 2017, the U.S. Supreme Court reversed in part and remanded a bench-trial decision against the defendant county and two sheriff's deputies in a 42 U.S.C. section 1983 case alleging violation of the plaintiffs' 4th Amendment rights. While searching for a suspect for whom they had a… Keep reading →
Prison-Injury Suit Filed by Former Inmate After Release Not Subject to Prisoner Complaint Screening Rule

May 24, 2017

In Olivas v. State of Nevada, published May 19, 2017, the 9th Circuit Court of Appeals reversed the dismissal with prejudice of a lawsuit filed by a former inmate. The plaintiff alleged that while he was in prison, prison officials violated his Eighth Amendment rights by shooting him with shotgun pellets during a riot and… Keep reading →
Deliberate Fabrication of Evidence Claim Proven by Direct Evidence Does Not Require Proof That Fabricator Believed the Plaintiff Innocent or of Absence of Probable Cause

May 18, 2017

In Spencer v. Krause, published May 18, 2017, the 9th Circuit Court of Appeals reversed a judgment as a matter of law in defendants' favor in a case in which a plaintiff alleged he entered into an Alford plea (i.e., a plea that the suspect is innocent but pleads guilty because of the evidence against him)… Keep reading →

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