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Larson v. City and County of San Francisco
Rent ordinance expanding list of prohibited acts coupled with Rent Board’s authority to reduce rent is invalid for usurping judiciary’s exclusive power.
Constitutional Law Feb. 24, 2011
International Church of the Foursquare Gospel v. City of San Leandro (Faith Fellowship Foursquare Church)
Triable issue of material fact exists as to whether city imposed substantial burden on church's religious assembly by denying rezoning application.
Constitutional Law Feb. 16, 2011
No Doubt v. Activision Publishing Inc.
Use of rock band’s exact likeness in videogame is not ‘transformative’ use subject to First Amendment protection.
Constitutional Law Feb. 16, 2011
County of Los Angeles v. Hill
County ordinances regulating medical marijuana dispensaries are consistent with state law's explicit provisions that counties may place such restrictions.
Constitutional Law Feb. 11, 2011
Mathis v. County of Lyon
Public administrator is not entitled to qualified immunity for claim that he improperly took property from decedent's home absent notice and hearing to survivors.
Constitutional Law Feb. 2, 2011
Zubarau v. City of Palmdale
City ordinance regulating radio frequency interference is preempted by federal law and contains unconstitutionally vague term as to regulation of antennae height.
Constitutional Law Jan. 31, 2011
Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8
California laws protecting labor picketing violate free speech protections by conferring speech rights on some, but not all, without compelling state interest.
Constitutional Law Jan. 28, 2011
Wilson & Wilson v. City Council of Redwood City
Court errs in entering judgment in favor of plaintiff that challenged construction of project that was substantially completed when judgment was entered.
Constitutional Law Jan. 26, 2011
National Aeronautics and Space Administration v. Nelson
Background check process inquiring into government contract employees' recent drug involvement is reasonable in light of interests at stake.
Constitutional Law Jan. 20, 2011
Huff v. City of Burbank
Investigation based on rumors of threat did not create exigent circumstance that would allow warrantless entry of suspected individual’s home.
Constitutional Law Jan. 11, 2011
Anonymous Online Speakers v. U.S. District Court (Quixtar Inc.)
Court may order disclosure of identity of online speaker engaged in commercial speech where plaintiff shows it would prevail on summary judgment.
Constitutional Law Jan. 9, 2011
Goldbaum v. The Regents of the University of California
Regents of University of California has constitutional immunity from plaintiff’s attorney fees motion where matter pertains to benefits that are internal university affairs.
Constitutional Law Jan. 6, 2011
Jewish War Veterans of the United States of America Inc. v. City of San Diego
Cross dedicated as memorial projects message of unconstitutional religious endorsement, rather than secular memorialization.
Constitutional Law Jan. 5, 2011
Byrd v. Maricopa County Sheriff’s Dept.
Cross-gender strip search of detainees' genital area is unconstitutional absent emergency prompting search.
Constitutional Law Jan. 5, 2011
Sturgeon v. County of Los Angeles
Legislation requiring counties to continue to provide sitting judges with benefits after specified date is within scope of Governor’s proclamation calling special session.
Constitutional Law Dec. 28, 2010
Guggenheim v. City of Goleta
Rent control ordinance adopted by City does not constitute taking where landowners bought property subject to same previous restriction on unincorporated land.
Constitutional Law Dec. 22, 2010
United States v. City of Arcata
Local ordinances prohibiting military recruiters’ conduct are invalid under intergovernmental immunity doctrine as regulation of federal government.
Constitutional Law Dec. 19, 2010
Lopez v. Candaele
Student lacks standing to sue where credible threat that sexual harassment policy would be enforced against him did not exist.
Constitutional Law Dec. 16, 2010
Pollard v. The GEO Group Inc.
Private prison operator acts under color of federal law subjecting it to liability for constitutional violations.
Constitutional Law Dec. 12, 2010
Movsesian v. Victoria Versicherung AG
Absent express federal policy forbidding references to ‘Armenian Genocide,’ California Code of Civil Procedure Section 354.4 is not preempted by foreign affairs doctrine.
Constitutional Law Dec. 12, 2010
Bautista v. County of Los Angeles
Policy prohibiting police officers from maintaining personal associations with known criminals does not violate right to freedom of association.
Constitutional Law Dec. 6, 2010
Peterson v. Islamic Republic of Iran
Court properly raises issue of foreign sovereign immunity before denying plaintiffs’ motion to order Iran to assign them its rights to payment from company.
Constitutional Law Dec. 5, 2010
Costanich v. Dept. of Social Health and Services for the State of Washington
Although genuine issues of material fact existed as to whether social worker fabricated evidence of child abuse, social worker is entitled to qualified immunity.
Constitutional Law Dec. 5, 2010
PEST Committee v. Miller
Nevada's single-subject and description-of-effect requirements for initiatives placed on ballots do not violate First Amendment.
Constitutional Law Dec. 1, 2010
Los Angeles County v. Humphries
Municipal entities are liable under 42 U.S.C. Section 1983 when 'policy or custom' inflicts injury, even if relief sought is prospective.
Constitutional Law Nov. 30, 2010
City of San Jose v. Garbett
Injunctions restricting defendant's conduct toward mayor and city council do not violate free speech rights where defendant made credible threat of violence.
Constitutional Law Nov. 25, 2010
Schofield v. Superior Court (Diocese of San Joaquin)
Court may not adjudicate dispute seeking declaration on which bishop presides over diocese because dispute rested on religious doctrine.
Constitutional Law Nov. 18, 2010
Delia v. City of Rialto
Private attorney retained by city does not enjoy governmental immunity and may be subject to Fourth Amendment if attorney acted as government agent.
Constitutional Law Nov. 8, 2010
Gonzales v. State of Arizona
Arizona law requiring proof of citizenship in voter registration is preempted by National Voter Registration Act’s mandate in streamlining voter registration.
Constitutional Law Oct. 26, 2010
Catholic League for Religious and Civil Rights v. City and County of San Francisco
Catholic residents have standing to file constitutional claim against city where city adopts resolution conveying hostile message toward their religious beliefs.
Constitutional Law Oct. 25, 2010