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Jessop v. City of Fresno
The Fourth and Fourteenth Amendment do not apply when there is theft by city officers who execute a valid search warrant and have qualified immunity
Civil Rights 9th Mar. 21, 2019
Advanced Bldg. & Fabrication v. Ayers
A third-party participating in a search pursuant to a warrant, but not aiding the execution of that warrant's authorized objectives, violates the civil rights of those subjected to the search.
Civil Rights 9th Mar. 14, 2019
Homeaway.com v. City of Santa Monica
Vacation rental hosting platforms subject to Santa Monica Ordinance 2535 were not entitled to Communications Decency Act immunity, and the First Amendment was not implicated because only nonspeech, nonexpressive conduct was regulated.
Civil Rights 9th Mar. 14, 2019
Crawford v. A.B. Won Pat Int'l Airport Authority
Guam government's difference in treatment between ancestral landowners whose lands were no longer in use and those whose lands continued to be used passed rational basis scrutiny and served an important purpose.
Civil Rights 9th Mar. 4, 2019
NAAAOM v. Charter Communications
42 U.S.C. Section 1981's text permits an exception to the default but-for causation standard by virtue of 'an indication to the contrary in the statute itself.'
Civil Rights 9th Feb. 5, 2019
Taylor v. County of Pima
Plaintiff cannot recover damages for wrongful incarceration under 42 U.S.C. Section 1983; although his jury conviction was vacated, plaintiff pled no contest to the same counts, and was resentenced to time served.
Civil Rights 9th Jan. 18, 2019
LL Liquor v. State of Montana
Montana did not impair its contractual obligation to liquor store within the meaning of the Contracts Clause because it did not eliminate store's remedy for breach of contract with the state.
Civil Rights 9th Dec. 31, 2018
Sandoval v. City of Santa Rosa
Government's warrantless interference in an individual's possessory interest by impounding a vehicle without justification and done solely for deterrence is an unreasonable seizure in violation of the Fourth Amendment.
Civil Rights 9th Dec. 24, 2018
Modification: Arista v. County of Riverside
Trial court erred in finding that a county does not owe a duty of care to a rescue victim when its agent undertakes the responsibility of rescue.
Civil Rights 4DCA/2 Dec. 14, 2018
Arista v. County of Riverside
Trial court erred in finding that a county does not owe a duty of care to a rescue victim when its agent undertakes the responsibility of rescue.
Civil Rights 4DCA/2 Nov. 23, 2018
Foster v. Hellawell
Court of appeals lacks jurisdiction to determine interlocutory appeals based on qualified immunity when challenge is based exclusively on a sufficiency of the evidence argument and not a question of law.
Civil Rights 9th Nov. 21, 2018
NAAAOM v. Charter Communications
Under 42 U.S.C. Section 1981, a plaintiff can prevail by demonstrating that discriminatory intent was a factor in a decision.
Civil Rights 9th Nov. 20, 2018
Lee v. City of Los Angeles
Summary judgment properly granted and no genuine dispute of material fact exists when a city's redrawing of council districts is not based predominately on race.
Civil Rights 9th Nov. 20, 2018
Mann v. County of San Diego
In order for a governmental agency to perform an investigatory medical examination of a child, they must first notify the child's parents and gain their consent or get judicial authorization.
Civil Rights 9th Nov. 1, 2018
Rynearson v. Ferguson
District court properly dismissed a challenge to a state cyberstalking statute, where the state protection proceedings didn't present the exceptional circumstances that warrant abstention.
Civil Rights 9th Sep. 10, 2018
M.S. v. Brown
District court did not err in dismissing a complaint for lack of standing given that 'structural constitutional limits prevent federal courts from ordering government officials to enact a bill that hasn't completed the legislative process.'
Civil Rights 9th Sep. 6, 2018
Melendres v. U.S.
Federalism principles do not defeat district court's 'broad discretion to fashion injunctive relief;' court did not abuse discretion in formulating detailed injunction where local authorities deliberately violated the provisions of prior injunctions.
Civil Rights 9th Aug. 1, 2018
Hernandez v. City of San Jose
Qualified immunity properly denied where police officers took 'affirmative action' with 'deliberate indifference' to put political protesters at rally in known danger.
Civil Rights 9th Jul. 30, 2018
Brown v. Smith
Trial court properly dismissed plaintiffs' challenge to an amendment to California law that eliminated an exemption from mandatory inoculation requirements for school-aged children, given that precedential case law has existed since 1890 authorizing the state to require it.
Civil Rights 2DCA/8 Jul. 5, 2018
Patricia Campbell v. Edu-HI
Prima facie showing of Title VII discrimination suit requires adverse action that impacts 'compensation, terms, conditions, or privileges of employment,' and some evidence of better treatment tendered to those of different status.
Civil Rights 9th Jun. 12, 2018
Rodriguez v. Cruz
Where prisoners hold subjective and objectively reasonable fear of likely retaliation in response to complaints over beatings delivered by correctional officers, failure to seek administrative remedies does not preclude Section 1983 relief.
Civil Rights 9th May 31, 2018
Caldwell v. City and County of San Francisco
Genuine issue of fact as to officer's allegedly improperly-arranged 'show-up,' and fabricated statement by suspect where released inmate brings Section 1983 claim.
Civil Rights 9th May 14, 2018
U.S. v. County of Maricopa
County is liable for its sheriff’s racially discriminatory policies where Title VI of the Civil Rights Act of 1964 and 34 U.S.C. Section 12601 authorize policy maker liability.
Civil Rights 9th May 8, 2018
Reese v. County of Sacramento
Judgment finding that officer is entitled to qualified immunity on excessive force claim affirmed where court acts within its authority in determining that plaintiff's constitutional right was not clearly established at time of officer's conduct.
Civil Rights 9th Apr. 24, 2018
Byrd v. Phoenix Police Deptartment
Courts have an obligation to construe pro se filings liberally, particularly in civil rights cases.
Civil Rights 9th Mar. 19, 2018
American Bankers Management Co. v. Heryford
Arrangement allowing private plaintiff to represent public on contingency-fee basis does not violate due process where arrangement is not 'meaningfully different' from case finding that qui tam provisions of false claims act do not violate due process.
Civil Rights 9th Mar. 16, 2018
King v. County of Los Angeles
Summary judgment in favor of county official in official’s individual capacity affirmed where official is not personally involved in constitutional deprivation and there is no causal connection between official’s conduct and violation.
Civil Rights 9th Mar. 13, 2018
Orr v. Plumb
Special verdict was a full adjudication of the issues, starting 150-day appellate timeline of Rule 58 of Federal Rules of Appellate Procdure; appeal filed more than 30 days thereafter was thus untimely.
Civil Rights 9th Mar. 13, 2018
Keates v. Koile
Dismissal of claim for violations of constitutional rights to familial association based on qualified immunity of government official reversed where official violates clearly established constitutional right.
Civil Rights 9th Mar. 7, 2018
Patterson v. Van Arsdel
Pretrial release officer not entitled to absolute prosecutorial immunity where officer action constitutes recommendation to judge rather than act of advocacy.
Civil Rights 9th Feb. 26, 2018