In Culley v. Marshall, published May 9, 2024, the U.S. Supreme Court affirmed the dismissal of the plaintiffs' claims under 42 U.S.C. section 1983 seeking damages for violation of due process. Both plaintiffs were innocent vehicle owners whose vehicles were seized under civil forfeiture because they loaned the vehicles to drivers who possessed or were trafficking…
In LaMarr v. Regents of the University of California, ordered published April 23, 2024, the Third Appellate District affirmed a trial court's decision after a bench trial. The plaintiff was working as a coordinator Level V at a UC hospital's department. Her supervisor prepared but did not issue a Letter of Intent to Dismiss, based on…
In Martinez v. High (Martinez II), published January 26, 2024, the 9th Circuit affirmed the district court's grant of qualified immunity to the defendant police officer. The plaintiff was in a relationship with another police officer in the same department as the defendant. She made multiple calls to the police department to confidentially report domestic abuse. …
In Polanco v. Diaz, published August 7, 2023, a split panel of the 9th Circuit affirmed a district court decision denying a motion to dismiss a 42 U.S.C. section 1983 against state prison officials . A few months into the COVID-19 Pandemic, high-evel officers in the state prison system transferred 122 inmates from one prison, where…
In Dupree v. Younger, published May 25, 2023, the United States Supreme Court reversed a circuit court decision dismissing an appeal. The plaintiff alleged that while he was being held as a pretrial detainee, three corrections officers assaulted him. He sued them in federal court under 42 U.S.C. section 1983 for allegedly using excessive force in…
In Sinclair v. City of Seattle, published March 1, 2023, the 9th Circuit Court of Appeals affirmed dismissal of a suit under 42 U.S.C. section 1983. During the George Floyd protests of 2020, the mayor and police department of the defendant city surrendered a police precinct and a large area of the surrounding neighborhood to protesters…
In Chen v. Albany Unified School District, published December 27, 2022, the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant school district and associated defendants. A high school student created a private Instagram account to share memes, images, and comments with his close friends. He allowed 13 people to follow…