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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 →

Despite Triable Issues of Material Fact on Whether Use of Deadly Force Reasonable, Officers Entitled to Qualified Immunity if Case Law Did Not Establish Unreasonableness Beyond Question

May 12, 2017

In S.B. v. County of San Diego, published May 12, 2017, the 9th Circuit Court of Appeals reversed a district court's denial of summary judgment based on qualified immunity. Sheriff's deputies received a call that the decedent's family members were concerned about their safety because the decedent, who had mental issues, was intoxicated and acting aggressively.… Keep reading →
Trail Immunity Does Not Apply to Public Walkway Dangerous Because of Design of Adjacent Private Golf Course

May 3, 2017

In Garcia v. American Golf Corp., published May 3, 2017, the Second District Court of Appeal, Division 2 reversed summary judgment granted to a city in a personal injury lawsuit brought by a child hit by a golf ball and his mother. The mother was pushing the child in a stroller on a city-owned walkway… Keep reading →
Because Police Had Probable Cause to Detain Teacher under Welfare and Institutions Code section 5150, They Cannot Be Held Liable for the Detention

May 3, 2017

In Julian v. Mission Community Hospital, published May 2, 2017, the Second District Court of Appeal, Division 7 affirmed summary judgment in favor of Los Angeles Unified School District, the Los Angeles Unified School Police, five police officers, and a private hospital in a lawsuit brought by a school teacher. The teacher complained to the… Keep reading →
Dismissal of Criminal Conviction under Penal Code Section 1203.4 Is Not Favorable Termination or Expungement for Purposes of Heck v. Humphrey

April 20, 2017

In Baranchek v. Fizulich, published April 19, 2017, the Second District Court of Appeal, Division 5 affirmed judgment for defendants following summary adjudication of a plaintiff's cause of action for false arrest and another plaintiff's cause of action for excessive force, both brought under 42 U.S.C. section 1983. One plaintiff was arrested for public intoxication. He matched… Keep reading →
Firefighting Immunity Applies to Accident in Which Sleeping Firefighter Run Over by Shower Servicing Truck

April 19, 2017

In Quigley v. Garden Valley Fire Protection District, published April 19, 2017, the Third District Court of Appeal affirmed nonsuit in favor of the defendant district in a personal injury lawsuit brought by a firefighter. During the Silver Fire, the United States Forest Service set up a base camp at Plumas County Fairgrounds. It set up… Keep reading →
No-Contest Plea to Juvenile Court’s Dependency Jurisdiction Order, Combined with Discretionary Immunity, Bars Lawsuit against Social Workers for Detaining Children

April 19, 2017

In Gabrielle A. v. County of Orange, published on April 19, 2017, the Fourth District Court of Appeal, Division 3, affirmed summary judgment in favor of the County of Orange and a group of social workers in a lawsuit brought by two parents on a variety of causes of action arising from the detention of a newborn… Keep reading →
Embarrassing Treatment of Elderly Person for No Law Enforcement Purpose May Violate Fourth Amendment

April 13, 2017

In Davis v. United States, published April 13, 2017, the 9th Circuit Court of Appeals affirmed denial of a federal agent's motion for summary judgment on qualified immunity grounds in a Bivens action. The plaintiff, a small 74-year-old woman, sought to sell a paperweight containing a rice-grain-sized sliver of moon rock that she believed Neil Armstrong gave… Keep reading →
Prevailing Student Entitled to Fees under IDEA for Defending Victory on Appeal, but Not After Student Graduates from High School and Right to FAPE No Longer Threatened

April 13, 2017

In Irvine Unified School Dist. v. K.G., published April 13, 2017, a divided panel of the 9th Circuit Court of Appeals affirmed an attorney fee award to a student under the Individuals with Disabilities Education Act, but reversed the order setting the amount of the award and remanded the matter back to the district court for… Keep reading →
Gunowner Convicted of Domestic Violence Misdemeanor Who Completed Probation Properly Arrested and Prosecuted for Gun Ownership

April 10, 2017

In Fortson v. Los Angeles City Attorney's Office, published April 7, 2017, the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit based on alleged violation of the Second Amendment. The plaintiff, a security guard, was convicted of misdemeanor domestic abuse. Under the California Penal Code, that made it a… Keep reading →

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