In California Department of State Hospitals v. A.H., published September 21, 2018, the Second District Court of Appeal, Division 6 affirmed a Qawi order authorizing a state mental hospital to involuntarily administer antipsychotic medication to the defendant to treat his severe mental illness. The defendant asserted that the involuntary medication violated his free exercise of his religion. …
In Daniels Sharpsmart v. Smith, published May 2, 2018, the 9th Circuit Court of appeals affirmed a district court decision to issue a temporary restraining order against the California Department of Public Health's enforcement of the California Medical Waste Management Act, but reversed denial of the department's officials' motion to dismiss based on qualified immunity. The plaintiff…
In Gordon v. County of Orange, published April 30, 2018, the 9th Circuit Court of Appeals reversed summary judgment granted to defendants in a 42 U.S.C. section 1983 lawsuit arising from the death of a pretrial detainee in county jail. The decedent was arrested on heroin-related charges. The intake nurse allegedly failed to use an assessment…
In Olivas v. State of Nevada, published May 19, 2017, the 9th Circuit Court of Appeals reversed the dismissal with prejudice of a lawsuit filed by a former inmate. The plaintiff alleged that while he was in prison, prison officials violated his Eighth Amendment rights by shooting him with shotgun pellets during a riot and…
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…