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Green v. Mercy Housing
Plaintiffs bringing suit under Fair Housing Act should not be assessed fees or costs unless court determines that claim is 'frivolous, unreasonable, or groundless.'
Civil Rights 9th Mar. 22, 2021
O'Doan v. Sanford
Police's use of reverse reap throw did not violate clearly established law because it employs modest use of force and defendant was combative; thus, officer was entitled to qualified immunity.
Civil Rights 9th Mar. 22, 2021
Kennedy v. Bremerton School District
School District was justified in prohibiting football coach from publicly praying on the football field at the conclusion of games to prevent Establishment Clause violation.
Civil Rights 9th Mar. 19, 2021
Rice v. Morehouse
District court erred in granting defendants qualified immunity because a reasonable jury could find that plaintiff engaged in passive resistance and that defendants' take-down of plaintiff involved unconstitutionally excessive force.
Civil Rights 9th Mar. 9, 2021
Hernandez v. Town of Gilbert
District court properly granted qualified immunity to defendant because 'Mendoza v. Block' did not clearly establish that defendant's conduct of deploying a police dog towards plaintiff was unconstitutional.
Civil Rights 9th Mar. 5, 2021
Crowe v. Oregon State Bar
District court erred by dismissing plaintiffs' free association claim as barred by precedent.
Civil Rights 9th Mar. 1, 2021
Howard v. HMK Holdings
Because there was no causal link between plaintiff's disability and his requested accommodation to extend move-out date, defendant was under no obligation to extend tenancy-termination date.
Civil Rights 9th Feb. 24, 2021
Tabares v. City of Huntington Beach
District court conflated California negligence standard regarding pre-shooting conduct with Fourth Amendment standard and did not consider that jury could find officer's pre-shooting conduct unreasonable under California law.
Civil Rights 9th Feb. 18, 2021
Knight v. South Orange Community College Dist.
Trial court erred in granting plaintiff's writ of mandamus because defendant did not need to afford plaintiff second-level due process before issuing written reprimand.
Civil Rights 4DCA/3 Feb. 12, 2021
Isabel v. Reagan
Plaintiff's failure to timely register to vote precluded his claim under Section 8 of National Voter Registration Act, which ensures voter eligibility for persons who timely register.
Civil Rights 9th Feb. 12, 2021
Momox-Caselis v. Donohue
Plaintiffs failed to present genuine dispute that infant killed in foster home was initially wrongfully removed from home by Department of Family Services.
Civil Rights 9th Feb. 4, 2021
Villanueva v. Cleveland
Police officers were not entitled to qualified immunity after fatally shooting victim because officers could have simply moved away from slowly moving vehicle to avoid injury.
Civil Rights 9th Jan. 29, 2021
Pasadena Republican Club v. Western Justice Center
Defendant was not a state actor for purposes of plaintiff's constitutional claims under 42 U.S.C. Section 1983.
Civil Rights 9th Jan. 26, 2021
Tekoh v. County of Los Angeles
Use of un-Mirandized statement against defendant in prior criminal case is alone sufficient to support action under 42 U.S.C. Section 1983 based on Fifth Amendment violation.
Civil Rights 9th Jan. 19, 2021
Estate of Anderson v. Marsh
Public official may not immediately appeal fact-related dispute about pretrial record, namely, whether or not evidence in pretrial record was sufficient to show genuine issue of fact for trial.
Civil Rights 9th Jan. 19, 2021
Sandoval v. County of San Diego
District court erred by applying subjective deliberate indifference standard to Plaintiff's Fourteenth Amendment claim.
Civil Rights 9th Jan. 14, 2021
Moser v. Las Vegas Metropolitan Police Dept.
Factual disputes had to be resolved before court could weigh competing considerations of plaintiff's First Amendment rights against government interest in workforce discipline under 'Pickering' balancing test.
Civil Rights 9th Jan. 13, 2021
Nunes v. Arata Swingle Van Egmond & Goodwin
Qualified immunity was granted because 'Gonzalez v. Spencer' did not clearly establish constitutional privacy right in juvenile records.
Civil Rights 9th Dec. 30, 2020
Does v. Wasden
District court erred in dismissing appellants' ex post facto claim alleging retroactive application of Idaho's Sexual Offender Registration Notification and Community Right-to-Know Act was unconstitutional.
Civil Rights 9th Dec. 10, 2020
Hotop v. City of San Jose
No reasonable expectation of privacy in property owners' financial information required to be disclosed to city about rent stabilized units since landlords already provided such information.
Civil Rights 9th Dec. 8, 2020
Wright v. Beck
Reasonable factfinder could conclude that police officer violated plaintiff's due process rights by obtaining court order to destroy his firearms without giving plaintiff notice.
Civil Rights 9th Dec. 2, 2020
Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US.
Civil Rights 9th Nov. 23, 2020
Rico v. Ducart
Prison officials were entitled to qualified immunity for inmate's claims of sleep deprivation from inherently loud court-ordered suicide-prevention checks.
Civil Rights 9th Nov. 23, 2020
Hardwick v. County of Orange
District court did not err in concluding that issues litigated in plaintiff's mother's state case and plaintiff's federal case were not identical; thus plaintiff could not invoke issue preclusion.
Civil Rights 9th Nov. 19, 2020
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Public school districts are not business establishments under Unruh Civil Rights Act.
Civil Rights 1DCA/1 Nov. 17, 2020
Cortesluna v. Leon
Genuine issue of fact existed as to whether defendant used excessive force in kneeling on plaintiff's back when plaintiff was lying face down after being struck by beanbag rounds.
Civil Rights 9th Oct. 28, 2020
Amended Opinion: Monzon v. City of Murrieta
District court properly granted defendant's summary judgment motion because police officer's use of deadly force was reasonable.
Civil Rights 9th Oct. 28, 2020
Ventura v. Rutledge
It was not clearly established that use of deadly force was unconstitutional where decedent, armed with knife, advanced within striking distance of another, and ignored officer's orders to drop knife.
Civil Rights 9th Oct. 23, 2020
Boardman v. Inslee
State did not engage in viewpoint discrimination by simply disclosing personal information of public or quasi-public employees to their exclusive collective bargaining representative, while denying equal access to public.
Civil Rights 9th Oct. 23, 2020
Lockett v. County of Los Angeles
Government Code Section 945.3's 'based upon' language applied to plaintiff's 'Monell' claim, and his claim was properly tolled until dismissal of his criminal charges.
Civil Rights 9th Oct. 5, 2020