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Conner v. Heiman
District court should decide issue of qualified immunity when material, historical facts are not in dispute, rather than reserving issue for jury.
Civil Rights Mar. 11, 2012
Mundy v. Lenc
Following release of claims against business owner, disabled plaintiff may not sue for accessibility violation that could have been enjoined in first lawsuit.
Civil Rights Feb. 29, 2012
Messerschmidt v. Millender
Officer is entitled to qualified immunity from suit alleging search violated Fourth Amendment where magistrate issued warrant for which there was probable cause.
Civil Rights Feb. 23, 2012
Haskell v. Harris
Law enforcement’s collection of DNA samples from felony arrestees, including individuals who were not ultimately convicted, does not violate Fourth Amendment.
Civil Rights Feb. 23, 2012
Shoyoye v. County of Los Angeles
Although over-detention beyond time lawfully permitted due to clerical error is wrongful, it does not amount to egregious interference with constitutional right.
Civil Rights Feb. 23, 2012
Hunt v. County of Orange
Although 'policymaker' exception to prohibition against retaliation based on political opinion does not apply, official is entitled to qualified immunity from suit.
Civil Rights Feb. 14, 2012
Beets v. County of Los Angeles
Action seeking to show excessive force is barred by prior conviction because jury already determined excessive force was not used and action would undermine conviction.
Civil Rights Feb. 13, 2012
A.E. v. County of Tulare
Dismissal of foster child’s federal civil rights claim without giving leave to amend complaint constitutes abuse of discretion where amendment was not futile.
Civil Rights Jan. 30, 2012
Ryburn v. Huff
Police officers are justified in entering home without warrant when woman flees inside without answering after being asked whether she owns gun.
Civil Rights Jan. 24, 2012
People v. Hartshorn
For a mentally retarded person to be involuntarily civilly committed, his conduct must present likelihood of serious physical harm to himself or others.
Civil Rights Jan. 23, 2012
Bonneau v. Centennial School District No. 28J
Oregon's specialized child abuse statutes of limitations are not applicable to federal civil rights claims in order to avoid uncertainty in litigation.
Civil Rights Jan. 12, 2012
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety.
Civil Rights Dec. 28, 2011
Bravo v. City of Santa Maria
Judicial deception claim must survive summary judgment where genuine issue exists as to whether officer’s omission of material fact was intentional or reckless.
Civil Rights Dec. 12, 2011
Rosenbaum v. Washoe County
Officer, who had no probable cause to arrest defendant, is not entitled to qualified immunity based on later-discovered statute that could apply to case.
Civil Rights Dec. 1, 2011
Stein v. Ryan
State's Dept. of Corrections does not have duty to review legality of sentencing order imposed by competent court.
Civil Rights Nov. 21, 2011
Beets v. County of Los Angeles
Wrongful death action alleging excessive force is not barred by third party’s criminal conviction where decedent was never convicted based on underlying facts.
Civil Rights Nov. 10, 2011
Campbell v. State of Washington Dept. of Social and Health Services
Voluntary participation in state’s assisted living program does not create special relationship subjecting state to affirmative duty of care.
Civil Rights Nov. 8, 2011
Chism v. Washington State
Officers are not entitled to qualified immunity where they acted recklessly by including false statements and omissions in affidavit supporting search warrant.
Civil Rights Nov. 8, 2011
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety.
Civil Rights Nov. 7, 2011
Mattos v. Agarano
Police officers who used stun-guns are entitled to qualified immunity from excessive force claims because law was not clearly established at time of incidents.
Civil Rights Oct. 17, 2011
Rickley v. County of Los Angeles
Successful civil rights plaintiff may recover reasonable attorney fee award for legal services performed by attorney-spouse.
Civil Rights Oct. 4, 2011
Kerkeles v. City of San Jose
Officer is not entitled to qualified immunity from civil rights action based on use of false report in preliminary hearing, even if plaintiff was never incarcerated.
Civil Rights Oct. 4, 2011
Intermountain Fair Housing Council v. Boise Rescue Mission Ministries
Non-profit Christian organization does not violate Fair Housing Act where preference is given to religious guests at its residential drug treatment program and homeless shelters.
Civil Rights Sep. 19, 2011
Nichols v. Dancer
Public employer may not interfere with employee’s First Amendment rights absent evidence that employee’s conduct caused or may reasonably cause future workplace disruption.
Civil Rights Sep. 16, 2011
Lockett v. Ericson
Plaintiff's civil rights claim alleging unconstitutional conviction is not barred where conviction was derived from plea, and not dependent on legality of search.
Civil Rights Sep. 1, 2011
Young v. County of Los Angeles
Use of intermediate force is unreasonable when officer detained suspect for minor infraction and suspect posed no threat to officer.
Civil Rights Aug. 29, 2011
Chism v. Washington State
Officers are not entitled to qualified immunity where they acted recklessly by including false statements and omissions in affidavit supporting search warrant.
Civil Rights Aug. 26, 2011
Torres v. City of Madera
Summary judgment on excessive force claim is improper although jury might ultimately find that officer's mistake in using pistol, rather than taser, was reasonable.
Civil Rights Aug. 23, 2011
Rosenbaum v. Washoe County
Officer, who had no probable cause to arrest defendant, is not entitled to qualified immunity based on later-discovered statute that could apply to case.
Civil Rights Aug. 23, 2011
Johnson v. Lucent Technologies Inc.
Retaliation claim under Section 1981 of Civil Rights Act of 1866 is governed by four-year statute of limitations.
Civil Rights Aug. 22, 2011