NO CLEARLY ESTABLISHED LAW GOVERNED THE REASONABLENESS OF USING A CANINE TO SUBDUE A NON-COMPLIANT SUSPECT

Courtesy of James R. Touchstone, Esq. In Hernandez v. Town of Gilbert,[1] the Ninth Circuit Court of Appeals held that no clearly established law controlled in the specific context of […]

FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST

Courtesy of James R. Touchstone, Esq. In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address […]

VOLUNTARY VACCINE AND WORKERS’ COMPENSATION

Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. of Jones & Mayer While the distribution of the COVID-19 vaccine is advancing our effort to recover from the […]

EXECUTIVE DECISIONS AND THE COVID-19 VACCINES

Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic.  As a component […]

REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE

Courtesy of James R. Touchstone, Esq. In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously […]

GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK

Courtesy of James R. Touchstone, Esq. In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of […]

OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING

Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity.  In […]

BAIL DETERMINATIONS MUST BE BASED UPON CONSIDERATION OF INDIVIDUALIZED CRITERIA

Courtesy of James R. Touchstone, Esq., Jones & Mayer On August 26, 2020, the Supreme Court of California issued an order making a part of the California First District Court […]

COURT OF APPEAL AFFIRMS RUBEN LONA DECISION DENYING APPELLANT’S PETITION TO BE REMOVED FROM THE SHARED GANG DATABASE

Courtesy of Greg Palmer, Jones & Mayer On August 24, 2020, the Court of Appeal of the State of California for the Fourth Appellate District affirmed the decision of the […]

WORKERS’ COMPENSATION BENEFITS ARE PLAINTIFFS’ EXCLUSIVE REMEDY FOR THE INJURIES THEY SUSTAINED IN RESPONDING TO PEACE OFFICER’S REQUEST TO PROVIDE ASSISTANCE

Courtesy of James R. Touchstone, Esq. On August 27, 2020, in the case of Gund v. County of Trinity,[1] the California Supreme Court found that plaintiffs, who were injured by […]