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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
Amended Opinion: J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment.
Civil Rights 9th Aug. 3, 2022
Yoshikawa v. Seguirant
Regulatory enforcement based on technical violations may serve as basis of an equal protection claim when regulation would not have been enforced in the same manner but for plaintiff's race.
Civil Rights 9th Jul. 26, 2022
Lemos v. County of Sonoma
Plaintiff's action for excessive force against Sonoma Sheriff's Deputy was not necessarily barred by her resisting arrest violation because liability for the actions may be based on two separate events.
Civil Rights 9th Jul. 20, 2022
David v. Kaulukukui
Parent and child's constitutional right to familial association is violated when a state official interferes with a parent's lawful custody through judicial deception.
Civil Rights 9th Jun. 28, 2022
Apache Stronghold v. U.S.
Governmental transfer of land sacred to Apaches, to a mining company, did not violate the Religious Freedom Restoration Act.
Civil Rights 9th Jun. 27, 2022
Richards v. County of San Bernardino
Plaintiff must only show a reasonable probability that alleged evidence fabrication in his murder case would lead to a different result since it implicated his right to a fair trial.
Civil Rights 9th Jun. 27, 2022
Vega v. Tekoh
A violation of Miranda rules does not provide a basis for a 42 U.S.C. Section 1983 claim.
Civil Rights USSC Jun. 24, 2022
Nance v. Ward
42 U.S.C. Section 1983 is the procedural vehicle for prisoners' method-of-execution claims even if an order granting the relief requested would necessitate a change in state law to carry out the sentence.
Civil Rights USSC Jun. 24, 2022
Allen v. Santa Clara County Correctional Peace Officers Assoc.
Municipalities are entitled to a good faith defense to a suit brought by public-sector employees for a refund of mandatory union fees under 42 U.S.C. Section 1983.
Civil Rights 9th Jun. 24, 2022
Cornel v. State of Hawaii, et al.
A seven-year delay in parolee's arrest did not violate due process since parolee's own failure to provide the office with up-to-date contact information caused the delay.
Civil Rights 9th Jun. 10, 2022