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Martell v. Cole
Defendant's guilty plea to resisting arrest did not preclude his civil excessive force claim where his guilty plea did not specify which acts of resistance were the basis for the plea.
Civil Rights, Criminal Law and Procedure 9th Sep. 24, 2024
Doe v. Horne
Arizona's ban prohibiting transgender women and girls from participating in school sports consistent with their gender identity was unlikely to survive heightened scrutiny.
Civil Rights 9th Sep. 10, 2024
Black Lives Matter Los Angeles v. Los Angeles
Black Lives Matter protester class certifications were vacated and remanded where the district court did not rigorously analyze whether three damages classes satisfied the commonality requirement.
Civil Procedure, Civil Rights 9th Sep. 6, 2024
Borja v. Nago
Voting laws that discriminate between former state residents living overseas and those living within the United States are subject only to rational basis review.
Civil Rights 9th Sep. 3, 2024
Williams v. City of Sparks
District court erred in ruling summary judgment ruling on excessive force claim when dashcam clearly showed defendant was attempting to flee and had endangered the public by the chase.
Civil Rights 9th Aug. 12, 2024
Bell v. Williams
Refusing to give a detainee wheelchair accommodations in a cell extraction was an unreasonable use of unnecessary force, even if even if the detainee previously disobeyed orders.
Civil Rights, Disability Discrimination 9th Jul. 19, 2024
Sheikh v. U.S. Dept. of Homeland Security
No *Bivens* cause of action against federal officers fabricating evidence that resulted in the plaintiff's arrest because it was a new context that presented special concerns.
Civil Rights 9th Jul. 8, 2024
Morris v. W. Hayden Estates First Add.
Where HOA board merely sent a letter stating it would enforce its rules but did not actually stop homeowners from throwing Christmas extravaganza, homeowners had no disparate treatment claim.
Civil Rights 9th Jun. 18, 2024
Scanlon v. County of Los Angeles
Summary judgment on parents' judicial deception claim was inappropriate where they demonstrated social worker made material false statements to support warrant application.
Civil Rights 9th Feb. 5, 2024
Stanard v. Dy
District court erroneously dismissed *Bivens* claim for prisoner denied treatment for Hepatitis C., as it was comparable to a prior *Bivens* case where prison officials were deliberately indifferent to an inmate's asthma
Civil Rights 9th Dec. 12, 2023
McDermott v. Johnson
Denial of plaintiff's habeas petition for prosecutorial misconduct after prosecutor invoked the Bible during penanlty closing arguments was upheld because there was no clearly established precedent that was violated.
Civil Rights 9th Oct. 27, 2023
Sabbe v. Washington County Board of Commissioners
Officers not liable for victim's death despite their warrantless entry into victim's rural field when the warrantless entry was not the proximate cause of victim's death.
Civil Rights 9th Oct. 19, 2023
Lake v. Fontes
Plaintiffs lacked Article III standing to bring claims regarding electronic voting tabulation systems, as they were no longer nominated candidates for state office and no longer sought relief related to the 2022 election.
Civil Rights 9th Oct. 17, 2023
Liapes v. Facebook, Inc.
Plaintiff's Unruh Act intentional discrimination claim survived dismissal because Facebook's audience selection tools for insurance ads intentionally discriminated based on age and gender.
Civil Rights 1DCA/3 Sep. 25, 2023
Marquez v. Rodriguez
Court declined to create a new *Bivens* action for plaintiff's Fifth Amendment failure-to-protect claim against jail officers who refused to place him in protective custody.
Civil Rights 9th Sep. 7, 2023
Alexander v. Nguyen
Pretrial detainee's claims that inadequate medical care in state hospital violated his constitutional rights failed because he could not show his treating physician had acted worse than negligently.
Civil Rights 9th Aug. 28, 2023
Amended Opinion: Johnson v. Barr
Defendant officers were entitled to qualified immunity in a false arrest case for misdemeanor public intoxication and felony child endangerment.
Civil Rights 9th Aug. 21, 2023
Parker v. County of Riverside
Defendant could not show that the Riverside County DA committed a *Brady* suppression of evidence violation by withholding the actual murderer's confession since defendant was not convicted.
Civil Rights 9th Aug. 16, 2023
Polanco v. Diaz
Qualified immunity was properly denied where plaintiffs alleged the state-created danger posed by the transfer of inmates exposed to COVID-19 into a general prison population.
Civil Rights 9th Aug. 8, 2023
People v. G.A.
Due process does not require proof of a recent over act to establish dangerousness to self or others to support continued civil commitment under Welfare and Institutions Code Section 6500.
Civil Rights 1DCA/3 Jul. 26, 2023
Yoshikawa v. Seguirant
Because there is no implied cause of action for 42 U.S.C. Section 1981 civil rights' claims, appellant's Section 1981 claim must brought as Section 1983 claim.
Civil Rights 9th Jul. 26, 2023
Bernal v. Sacramento County Sheriff's Dept.
Parents of teen suspected of possibly executing a school shooting may be detained for a short period because of the special circumstances.
Civil Rights 9th Jul. 10, 2023
Johnson v. Barr
Defendant officers were entitled to qualified immunity in a false arrest case for misdemeanor public intoxication and felony child endangerment.
Civil Rights 9th Jul. 7, 2023
Mallory v. Norfolk Southern Railway Co.
Due process allowed a railroad to be sued in state where it registered as a foreign corporation, and under state law, had agreed to answer any suit against it there.
Civil Rights USSC Jun. 28, 2023
Seaplane Adventures LLC v. County of Marin
Summary judgment was proper on air carrier's "class of one" equal protection claim where bases for County's alleged disparate treatment of air carrier under COVID-19 health orders were rational.
Civil Rights 9th Jun. 27, 2023
Harper v. Nedd
Bureau of Land Management employee's claims for *Bivens* damages from Fifth Amendment due process violation was denied because Congress had already provided a remedy for his claims.
Civil Rights 9th Jun. 27, 2023
Hopson v. Alexander
Use of force predicated on suspicion of impending criminal activity was not sufficient basis for denying qualified immunity from claims based on those acts because it was not objectively unreasonable.
Civil Rights 9th Jun. 19, 2023
Health and Hospital Corporation of Marion County v. Talevski
Provisions of the Federal Nursing Home Reform Act conferred individual rights that were enforceable via an action filed pursuant to 42 U.S.C. Section 1983.
Civil Rights USSC Jun. 9, 2023
Hill v. City of Fountain Valley
Qualified immunity applied to officers' alleged warrantless in-home arrest where officers were responding to a potential kidnapping.
Civil Rights 9th Jun. 2, 2023
Estate of Strickland v. Nevada County
Lethal force used by officers against person armed with replica gun was justified where they reasonably believed the gun was real and presented an immediate threat when pointed at them.
Civil Rights 9th Jun. 1, 2023