On May 24, 2017, in the case of Rubenstein v. Whittier Police Department, the Ninth Circuit Court of Appeals affirmed the summary judgment ruling of the District Court. Plaintiff Rubenstein alleged that her constitutional claims arising from her arrest were not time barred even though all claims accrued more than two years before Plaintiff filed her complaint. Attorney Carmen Vasquez prepared the motion for summary judgment that the District Court relied on in granting the summary judgment. On review, the Ninth Circuit agreeably determined that Plaintiffs’ claims were time barred because she failed to establish she was entitled to tolling pursuant Cantella v. Van De Kamp, 486 F.3d 1128, 1132 (9th Cir. 2007).
Vol. 41 No. 8 GOVERNMENT’S PROSECUTION OF INDIVIDUAL UNDER 18 U.S.C. SECTION 922(G)(3)’S UNLAWFUL CONTROLLED SUBSTANCE USER PROVISION BANNING GUN POSSESSION DEEMED INCONSISTENT WITH THE SECOND AMENDMENT AND IMPLICATIONS FOR CCW ISSUANCE IN CALIFORNIA
In United States v. Hemani,[1]the United States Supreme Court concluded