In JCCrandell, LLC v. County of Santa Barbara, published October 29, 2024, the Second District Court of Appeal, Division 6 reversed a trial court decision denying a petition for administrative mandate. A company applied to the respondent county for a conditional use permit to cultivate cannabis. The holder of the land on which cultivation would take…
In Linke v. Freed, published March 15, 2024, the United States Supreme Court unanimously reversed a circuit court decision dismissing a 42 U.S.C. section 1983 claim, and remanded the case for further proceedings. The defendant created a Facebook page when in College. He later became a city manager. He listed his status as city manager in…
In Miller v. City of Scottsdale, published December 8, 2023, a split panel of the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant officer and defendant city. On March 19, 2020, in light of the COVID-19 emergency, Arizona issued an executive order requiring restaurants to close access to on-site dining,…
In Rossi v. Sequoia Union Elementary School District, published August 25, 2023, the Fifth Appellate District affirmed dismissal after demurrer was sustained in this case and in two other related appeals arising out of similar circumstances. During the State of Emergency declared due to COVID-19, the State Public Health Officer issued an order requiring K-12 schools to…
In Sabra v. Maricopa County Community College District, published August 10, 2022, a divided panel of the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit. The defendant professor at the defendant community college district taught a course on world politics. One module of that course was on Islamic terrorism. The…
In County of Los Angeles Department of Public Health v. Superior Court (California Restaurant Assoc.), published March 1, 2021, the Second District Court of Appeal, Division 4 issued a peremptory writ of mandate directing a trial court to vacate an order. The petitioner county issued an order barring outdoor dining during a surge in the COVID-19…
In Steinle v. City and County of San Francisco, published March 25, 2019, the 9th Circuit affirmed dismissal of state law negligence claims against the defendant municipality. The county sheriff informed the federal government that his department would not honor Immigration and Customs Enforcement detainer requests (to detain released prisoners for ICE) or notify ICE of…
In Martin v. City of Boise, published September 4, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment in favor of the defendant city in an action brought by homeless individuals who had been convicted of or cited for violating the city's camping or disorderly conduct ordinances by sleeping…