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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 →

Statute of Limitations under IDEA Runs from the Date the Parents Knew or Should Have Known of the Alleged Actions on Which Their Complaint Is Based

March 30, 2017

In Avila v. Spokane School Dist. 81, published March 30, 2017, the 9th Circuit Court of Appeals reversed the dismissal of claims under the Individuals with Disabilities Education Act as time-barred. The Administrative Law Judge who heard the plaintiff's parents' due process complaint under the IDEA ruled that claims based on occurrences that took place more… Keep reading →
Person Who Wishes to Open Tattoo Shop Has Standing to Bring Facial and As-Applied Challenges to Zoning Ordinance without Having to Apply for Conditional Use Permit

March 29, 2017

In Real v. City of Long Beach, published March 29, 2017, the 9th Circuit reversed a judgment against a plaintiff who brought a 42 U.S.C. section 1983 action challenging the defendant city's tattoo parlor zoning ordinances as violating the First Amendment. The ordinances disallow tattoo shops in most of the City, require a conditional use… Keep reading →
Procedural Errors in Drafting Individualized Education Plan violate IDEA and Shift Burden to School District to Prove Child Received Free and Appropriate Public Education

March 28, 2017

In M.C. v. Antelope Valley Union High School Dist., published March 27, 2017, the 9th Circuit Court of Appeals reversed a district court order affirming an administrative law judge's decision in a due process hearing brought by the parent of a blind child under the Individuals with Disabilities Education Act. The parent alleged that the child's… Keep reading →
Pretrial Detention Due to Judicial Determination of Probable Cause Based on False Evidence Violates Fourth Amendment

March 21, 2017

In Manuel v. Joliet, published March 21, 2017, the U.S. Supreme Court reversed the Seventh Circuit's decision affirming district court dismissal of a 42 U.S.C. section 1983 lawsuit brought by an arrestee held in jail 48 days before release. During a traffic stop of the plaintiff, the police found pills that twice tested negative for… Keep reading →
Recovery of Personal Property Seized Through Improper Police-Initiated Nonjudicial Forfeiture Does Not Require Exhaustion of Administrative Remedies or Presentation of Claim for Damages, and a Three-Year Statute of Limitations Applies

March 17, 2017

In Ramirez v. Tulare County District Attorney's Office, published March 15, 2017, the Fifth District Court of Appeal reversed the dismissal on demurrer of multiple trial court petitions for writ of mandate seeking recovery of cash and other personal property that police officers seized from suspects under Health & Safety Code section 11469 et seq. Those forfeiture… Keep reading →
Police Officer Allegedly Violates Criminal Defendant’s Sixth Amendment Rights by Intimidating Defense Witness, Even If Defendant Acquitted

March 15, 2017

In Park v. Thompson, published March 14, 2017, a divided 9th Circuit panel reversed a district court order dismissing a 42 U.S.C. section 1983 suit against a police detective. The plaintiff was accused of murder. Her defense included a theory that another person was the murderer. She planned to call as a defense witness the… Keep reading →
Filing a Timely Late-Claim Application Does Not Excuse a Minor from Failing to File a Timely Late-Claim Petition

March 6, 2017

In J.M. v. Huntington Beach Union High School District, published on March 6, 2017, the California Supreme Court affirmed a lower court of appeal decision upholding denial of a Government Code section 946.6 petition for relief from the claims statute. The minor plaintiff was injured in a football game, and did not obtain an attorney or… Keep reading →
California Public Records Act Applies to Communications on Agency Employees’ Private Accounts

March 5, 2017

In City of San Jose v. Superior Court (Smith), published March 2, 2017, the California Supreme Court reversed a Court of Appeal decision denying disclosure of records under the California Public Records Act. The real party in interest made a CPRA request for e-mails and text messages sent or received on private electronic devices used… Keep reading →

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