In Doe v. Bonta, published May 8, 2024, the 9th Circuit Court of Appeals affirmed the district court's dismissal of an action under 42 U.S.C. section 1983 challenging California Assembly Bill 173, enacted as Penal Code sections 11106(d) and 30352(b). The statutes require the California Department of Justice to provide to a research center at the…
In Duncan v. Bonta, published November 30, 2021, a divided en banc panel reversed a grant of summary judgment to plaintiffs challenging the State of California's amendment of Penal Code section 32310 to prohibit possession of large-capacity magazines, defined as those that can hold more than ten rounds of ammunition. The ban exempts certain persons, such…
In Rodriguez v. City of San Jose, published July 23, 2019, the 9th Circuit affirmed summary judgment for the defendant city, its police department, and a police officer in a lawsuit brought under 42 U.S.C. section 1983. Officers responded to the plaintiff's 911 call for a welfare check on her husband. The husband was ranting, mentioned…
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…