In Reed v. Lieurance, published July 24, 2017, the 9th Circuit Court of Appeals reversed summary judgment, dismissal, and judgment as a matter of law in the defendants' favor in a case alleging wrongful arrest in violation of the 4th and 1st Amendments. The plaintiff, a volunteer with an environmental group, was observing an interagency operation…
In Lowry v. City of San Diego, published June 6, 2017, the 9th Circuit Court of Appeals, sitting en banc, affirmed summary judgment in favor of the defendant city in a 42 U.S.C. section 1983 suit alleging that the city's "bite and hold" policy for police dogs violated the plaintiff's 4th Amendment right to be free…
In S.B. v. County of San Diego, published May 12, 2017, the 9th Circuit Court of Appeals reversed a district court's denial of summary judgment based on qualified immunity. Sheriff's deputies received a call that the decedent's family members were concerned about their safety because the decedent, who had mental issues, was intoxicated and acting aggressively.…
In Garcia v. American Golf Corp., published May 3, 2017, the Second District Court of Appeal, Division 2 reversed summary judgment granted to a city in a personal injury lawsuit brought by a child hit by a golf ball and his mother. The mother was pushing the child in a stroller on a city-owned walkway…
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…
In Baranchek v. Fizulich, published April 19, 2017, the Second District Court of Appeal, Division 5 affirmed judgment for defendants following summary adjudication of a plaintiff's cause of action for false arrest and another plaintiff's cause of action for excessive force, both brought under 42 U.S.C. section 1983. One plaintiff was arrested for public intoxication. He matched…