District Court Properly Dismissed Section 1983 Excessive Force Claim After Criminal Jury Convicted Plaintiff of Violating Penal Code Section 148
Provided by James R. Touchstone In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma,[1] affirmed a District Court’s holding that a 42 U.S.C. […]
Update: Executive Decisions and the COVID-19 Vaccines
Provided by James R. Touchstone, Esq. Richard A. Lucero, Esq. The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and […]
Kilgore Decision RE Massage Establishments and Closely Regulated Inspections
Provided by Gregory P. Palmer, Esq., James R. Touchstone, Esq., & Veronica R. Donovan, Esq. Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state […]
Ninth Circuit Stays District Court Ruling Holding that California Assault Weapons Laws are Unconstitutional
Provided by James R. Touchstone, Esq. In the June 2021 case of Miller v. Bonta,[1] the United States District Court for the Southern District of California held that California statutes […]
Under the Fourth Amendment, Pursuit of a Fleeing Misdemeanor Suspect does not always Justify a Warrantless Entry into a Home
Provided by James R. Touchstone, Esq. In Lange v. California,[1] the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a […]
Detectives Were Entitled to Qualified Immunity Because it Was Not Clearly Established That Their Interrogation Tactics Shocked the Conscience
Provided by James R. Touchstone, Esq. In Tobias v. Arteaga,[1] the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth […]
Supreme Court Rejects Broad Application Extending Community Caretaking Exception to Warrantless Searches and Seizures in Home in Certain Circumstances
Provided by James R. Touchstone, Esq. In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom[1] rejected a lower court’s broad interpretation of the “community caretaking […]
Public Safety Officers Procedural Bill of Rights Section 3303(G) does not Require Automatic Disclosure of Reports and Complaints Prior to any Further Interrogation of an Officer Under Investigation
Provided by James R. Touchstone, Esq. In Oakland Police Officers’ Ass’n v. City of Oakland,[1] the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill […]
THE COURT OF APPEAL RESOLVED THE CONFLICT BETWEEN AN SB1421 DISCLOSURE WHICH VIOLATED A PROVISION OF A SETTLEMENT AGREEMENT IN A DISCIPLINARY ACTION AND DECIDED WHAT THE “FINAL DETERMINATION OF SUSTAINED DISCIPLINE” MEANS IN SB1421
Provided by Gregory P. Palmer The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a […]
REHEARING EN BANC, NINTH CIRCUIT COURT CONCLUDES THAT INDIVIDUALS DO NOT HAVE A SECOND AMENDMENT RIGHT TO CARRY FIREARMS OPENLY IN PUBLIC
Courtesy of James R. Touchstone, Esq., Jones & Mayer In Young v. Hawaii,[1] the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, […]
