In Hill v. City of Fountain Valley,[1] the Ninth Circuit concluded that although officers likely did not have probable cause to arrest a plaintiff for obstruction, qualified immunity shielded the officers from liability because there was no clearly established law at the time forbidding their actions, given the plaintiff’s evasive behavior that appeared to interfere…

On June 22, 2023, the California Supreme Court issued a published opinion in Leon v. County of Riverside, Supreme Court Case No. S269672, which greatly limits Government Code section 821.6 immunity for the instituting of prosecuting a judicial proceeding.  This case will have an important impact on the liability exposure concerning law enforcement officers or…

In Estate of Strickland v. Nevada Cnty.,[1] the Ninth Circuit concluded that it was objectively reasonable for officers to believe a black toy airsoft replica rifle pointed in their direction by a person known to have mental health issues presented an immediate threat justifying the use of deadly force. Background In December 2019, Gabriel Strickland…

In a 2-1 decision, the Ninth Circuit Court of Appeals concluded that plaintiffs adequately stated their 42 U.S.C. section 1983 claims against a police sergeant under the state-created danger exception.  In Murguia v. Langdon,[1] the majority found that the plaintiffs adequately alleged a police sergeant knew that a mother’s mental health crisis posed a serious…

FULLERTON, CA—Jones Mayer is pleased to announce the successful defense of the City of Whittier in a trip-and-fall personal injury case brought in Los Angeles County Superior Court. The case, Sanchez v. City of Whittier, Los Angeles Superior Court Case No. 19STCV35671, was brought by a plaintiff who claimed she was injured after stepping into…

In Duarte v. City of Stockton,[1] the Ninth Circuit Court of Appeals concluded that that Heck v. Humphrey bar did not apply when criminal charges were dismissed after entry of a plea that was held in abeyance pending the defendant’s compliance with certain conditions. Background In May 2015, Francisco Duarte was in a public area…

In San Diego Police Dept. v. Geoffrey S.,[1] the Fourth District held that hearsay evidence is admissible at a hearing on a gun violence restraining order (“GVRO”) under Penal Code section 18175.  The Court applied its analysis from a previous case[2] in which the Fourth District had held that hearsay evidence is admissible at a…

The California Supreme Court, in People v. Tacardon,[1] concluded that shining a spotlight for illumination does not ipso facto constitute a detention under the Fourth Amendment.  The Court explained that the proper inquiry instead requires consideration of the totality of the circumstances, including the use of a spotlight. Background Sheriff’s Deputy Joel Grubb was on…