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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
Chaudhry v. Aragon
Plaintiff doctor, who alleged that an inaccurate State report harmed his employment interests, failed to establish the requisite causation element of his "stigma-plus" Section 1983 due process claim.
Civil Rights 9th May 24, 2023
Roberts v. Springfield Utility Board
Public employer did not violate employee's First Amendment rights by barring discussion of a workplace investigation with other employees because the restriction did not limit his ability to speak about matters of public concern.
Civil Rights 9th May 15, 2023
Reed v. Goertz
For prisoners pursuing state post-conviction DNA testing through state courts, the statute of limitations for Section 1983 procedural due process claims start to run when the state litigation ends.
Civil Rights USSC Apr. 20, 2023
Murguia v. Langdon
Where state actors left 10-month old twins in a more dangerous situation than the one in which they found them, the state-created danger exception applied.
Civil Rights 9th Mar. 15, 2023
Amended Opinion: Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion.
Civil Rights 9th Mar. 3, 2023
Sinclair v. City of Seattle
Mother could not sue Seattle for loss of companionship with special needs son killed in Capital Hill Occupied Protest because the actual danger created by the City was not particularized to the decedent.
Civil Rights 9th Mar. 2, 2023
Sullivan v. University of Washington
Disclosure of committee appointment letters would not violate right to expressive association because the committee was not a group of individuals who banded together to advance shared goals or beliefs.
Civil Rights 9th Feb. 21, 2023
Duarte v. City of Stockton
Plaintiff's excessive force and false arrest claims were not barred by the Heck doctrine because his "no contest" plea was not entered as an actual conviction.
Civil Rights 9th Feb. 17, 2023
Pettibone v. Russell
No Bivens cause of action existed where special factors, including an alternative remedial process, indicated constitutional cause of action should not be expanded to include the underlying context.
Civil Rights 9th Feb. 3, 2023
Dodge v. Evergreen School District #114
Triable issues existed as to teacher's First Amendment retaliation claim against school principal when she told him that he would need a union representative the next time she saw him wearing MAGA hat.
Civil Rights 9th Dec. 30, 2022
Casey N. v. County of Orange
Substantial evidence supported the jury's finding that statements made in social workers' reports, alleging mother was coaching daughter to claim sexual abuse by father, were deliberately false or reckless.
Civil Rights 4DCA/3 Dec. 27, 2022
Kleiser v. Chavez
The private search exception to the Fourth Amendment's warrant requirement is not foreclosed simply because cell site location information is involved.
Civil Rights 9th Dec. 12, 2022
Villalobos v. City of Santa Maria
No reasonable juror could find that police officers were negligent or had acted unreasonably in a shooting that resulted in the death of an individual who refused to drop a knife.
Civil Rights 2DCA/6 Nov. 17, 2022
Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion.
Civil Rights 9th Nov. 15, 2022
Mobilize the Message LLC v. Bonta
Political campaign services' First Amendment rights were not violated by Assembly Bill 5 as the bill's application would only incidentally affect professions involving speech.
Civil Rights 9th Oct. 12, 2022
County of San Bernardino v. Mancini
San Bernardino ordinance preventing cannabis sales did not create a substantial burden on religious group that consumes cannabis as sacraments because selling cannabis was not a religious activity of the group.
Civil Rights 4DCA/2 Oct. 7, 2022
Amended Opinion: U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so.
Civil Rights 9th Oct. 4, 2022
Tingley v. Ferguson
Neither the First nor Fourteenth Amendments prohibited the state of Washington from stopping the practice of conversion therapy on minors by state-licensed healthcare providers.
Civil Rights 9th Sep. 7, 2022
Vanegas v. City of Pasadena
No Fourth Amendment violation where probable cause existed to arrest defendant even though the basis for probable cause was not what defendant was arrested for.
Civil Rights 9th Sep. 1, 2022
Demarest v. City of Vallejo
City's systematic addition of driver's license checks to an otherwise valid sobriety checkpoint was objectively reasonable under the Fourth Amendment.
Civil Rights 9th Aug. 17, 2022
Sabra v. Maricopa County Community College District
Arizona community college teacher was entitled to qualified immunity since plaintiffs' Free Exercise claim was not clearly established at the time of the alleged Islamophobic quiz.
Civil Rights 9th Aug. 11, 2022
Pierce v. Jacobsen
Banning out-of-state petition circulators from petition initiative process was an overly broad and unconstitutional regulation that imposed a severe restriction on a core form of political speech.
Civil Rights 9th Aug. 11, 2022
Hernandez v. City of Phoenix
Phoenix police officer's personal Facebook posts denigrating Muslims and Islam warranted First Amendment protection because they qualified as speech on matters of public concern.
Civil Rights 9th Aug. 8, 2022