In a 6-3 decision, the United States Supreme Court in Nat’l Fed’n of Indep. Bus. v. DOL[1] granted a stay of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing; Emergency Temporary Standard.[2]  The standard would have required employees of large employers to be fully vaccinated, or else obtain weekly medical tests and wear…

In Saved Magazine v. Spokane Police Department,[1] the Ninth Circuit Court of Appeals determined that an officer was entitled to qualified immunity because the Court was unaware of any precedent that would alert an officer that his enforcement of separate protest zones would violate clearly established First Amendment law.  In reaching its conclusion, the Court…

In Duncan v. Bonta,[1] the en banc Ninth Circuit Court of Appeals held that a California statute which banned possession of magazines holding more than ten rounds of ammunition was a reasonable fit for the compelling goal of reducing gun violence.  The Court therefore reversed the District Court’s grant of summary judgment to Plaintiffs on…

In J. K. J. v. City of San Diego,[1] the Ninth Circuit Court of Appeals affirmed a dismissal of an action alleging constitutional violations by police officers in their treatment of a woman who was arrested at a traffic stop, fell ill while in police custody, and died nine days later. Background In November 2018,…

On September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”), which will become effective on January 1, 2022.[1]  AB 481 stated goals are to provide legally enforceable safeguards to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. Background Existing law designates the Department…

In October 2021, the Ninth Circuit Court of Appeals in GEO Grp., Inc. v. Newsom,[1] reversed a District Court’s order denying the United States’ motion for a preliminary injunction against a California law that phases out private detention facilities within the state.  The Court concluded that, because California Assembly Bill 32 (“AB 32”) conflicts with…

In October 2021, the United States Supreme Court, in its per curiam decision City of Tahlequah v. Bond,[1] concluded that a Circuit Court of Appeals erred in denying police officers qualified immunity.  In reaching its conclusion, the Supreme Court found that there was no clearly established law with the appropriate level of specificity to align…

In the case of Ballou v. McElvain,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to a police chief on an officer’s First Amendment retaliation claim, holding that the officer’s speech opposing workplace sex discrimination was inherently speech on a matter of public concern and was clearly protected by the First…