In Easley v. City of Riverside, published May 18, 2018, a divided panel of the 9th Circuit Court of Appeals affirmed summary judgment granted to a police officer defendant in a 42 U.S.C. section 1983 excessive-force case. The plaintiff was an occupant of a car that was driving erratically. When a police car behind it turned…
In Recchia v. Los Angeles Department of Animal Services, published May 1, 2018, the 9th Circuit Court of Appeals affirmed in part and reversed in part the summary judgment in favor of the defendant city and its defendant animal welfare officers in a lawsuit a homeless man brought challenging the seizure and destruction of his pet birds. …
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 Reese v. County of Sacramento, published April 23, 2018, the 9th Circuit Court of Appeals affirmed a district court's post-verdict order granting judgment as a matter of law on a 42 U.S.C. section 1983 claim under the Fourth Amendment, but reversed its sua sponte grant of summary judgment on a Civil Code section 52.1 Bane…
In King v. County of Los Angeles, published March 12, 2018, the 9th Circuit affirmed in part and reversed in part summary judgment granted to the defendant county and its sheriff. While awaiting adjudication of an involuntary commitment petition under California’s Sexually Violent Predator Act, the plaintiff was incarcerated in a county jail for eight years. For more…
In Perez v. City of Roseville, published February 9, 2018, the 9th Circuit reversed in part summary judgment in favor of a former probationary police officer's supervisors in a 42 U.S.C. section 1983 suit challenging her termination. An internal affairs investigation determined that the plaintiff was involved in an extramarital affair with another officer. The investigation…
In Soto v. Unknown Sweetman, published February 9, 2018, a divided 9th Circuit panel affirmed a district court's grant of summary judgment to the defendants in a pro se prisoner's 42 U.S.C. section 1983 action against several prison guards. The plaintiff alleged that in 2010 he was beaten by the defendant guards. He did not file…
In District of Columbia v. Wesby, published January 22, 2018, the United States Supreme Court reversed a district court's decision on cross motions for summary judgment that the defendant police officers lacked probable cause to arrest multiple partygoers, and that the officers were not entitled to qualified immunity. Responding to a neighbor's report that a party…
In Morales v. Fry, published October 16, 2017, a divided panel of the 9th Circuit Court of Appeals reversed in part and affirmed in part a judgment after jury trial in a 42 U.S.C. section 1983 suit against two police officers. During a protest, Officer Rees put his hand on the plaintiff's shoulder to get her…
In Klein v. Beverly Hills, published August 4, 2017, the 9th Circuit Court of Appeals reversed in part and affirmed in part a summary judgment granted on a 42 U.S.C. section 1983 suit alleging that search warrants for the plaintiff's home and computer were obtained by false statements and omissions by the investigating detectives. The plaintiff…