In Olson v. County of Grant, published February 10, 2025, the 9th Circuit Court of Appeals affirmed the district court's grant of summary judgment to the defendants. The plaintiff, who runs a marijuana dispensary in Oregon (where possession of marijuana is not illegal), was arrested in Idaho for marijuana possession. During the traffic stop leading to her…
In Getz v. Superior Court (County of El Dorado), published December 13, 2021, a divided panel of the Third District Court of Appeal reversed in part and affirmed in part a trial court decision denying writ relief in a California Public Records Act case. The petitioner requested from the real party county records between the county…
In McDonough v. Smith, published June 20, 2019, the U.S. Supreme Court reversed a district court's decision that a plaintiff's claim under 42 U.S.C. section 1983 for prosecution based on fabricated evidence was time-barred. The plaintiff, a commissioner of a county board of elections, processed forged ballots. He alleges he was unaware the ballots were forged. …
In Ross v. County of Riverside, ordered published June 10, 2019, the Fourth District Court of Appeal, Division 1 reversed summary judgment in favor of the defendant county on the plaintiff's claims for violation of Labor Code section 1102.5 and the disability discrimination provisions of FEHA. The plaintiff, a deputy district attorney, inherited a case from…
In Caldwell v City and County of San Francisco, published May 11, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment in favor of the defendant officers. The plaintiff was convicted of murder and sentenced to over 20 years in prison. He got out of prison on a habeas…
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…