Vol. 41 No. 7 OFFICERS THAT INDUCED FALSE TESTIMONY FROM WITNESS THROUGH ABUSIVE INTERROGATION TACTICS WERE NOT ENTITLED TO QUALIFIED IMMUNITY FROM SUIT ALLEGING THEY HAD VIOLATED THE CONSTITUTION BY FABRICATING EVIDENCE TO SECURE CONVICTION
In Ciria v. Gerrans,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to officers who threatened an 18-year-old into adopting a story naming a plaintiff as the shooter in a murder where there was minimal objective evidence that the plaintiff was the shooter. Background In March 1990, Felix Bastarrica was shot […]
Vol. 41 No. 6 SUPREME COURT FINDS HAWAII LAW PROHIBITING LICENSED CONCEALED-CARRY PERMIT HOLDERS FROM CARRYING FIREARMS ON PRIVATE PROPERTY OPEN TO THE PUBLIC WITHOUT PROPERTY OWNER’S EXPRESS AUTHORIZATION UNCONSTITUTIONAL
In a 6-3 decision, the United States Supreme Court in Wolford v. Lopez,[1] concluded that a Hawaii law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second Amendment. In reaching its conclusion, the Court noted that other states including California […]
Vol. 41 No. 4 OFFICER ENTITLED TO QUALIFIED IMMUNITY FOR FATAL SHOOTING OF FLEEING SUSPECT HOLDING INFANT WHERE NO CLEARLY ESTABLISHED LAW PROHIBITED THE USE OF DEADLY FORCE UNDER THOSE CIRCUMSTANCES
The Ninth Circuit Court of Appeals in Fuhr v. City of Seattle,[1] affirmed the grant of qualified immunity to a police officer who shot and killed a suspect who was fleeing police despite warnings to stop while holding his infant daughter. The Court did not decide whether a Fourth Amendment violation occurred, but held only […]
Vol. 41 No. 5 POLICE OFFICERS CONDUCTED A FOURTH AMENDMENT SEARCH WHEN THEY ACQUIRED SUSPECT’S LOCATION DATA FROM GOOGLE VIA A GEOFENCE WARRANT
In a 6-3 decision in Chatrie v. United States,[1] the United States Supreme Court found that police officers conducted a search under the Fourth Amendment when they acquired location data from a tech company. In reaching its conclusion, the Court held that an individual has a reasonable expectation of privacy in records about his cell […]
Jones Mayer Helps Obtain Complete Defense Verdict in One of California’s Most Closely Watched Officer-Involved Shooting Cases
FULLERTON, CA — Defendant City of Los Angeles secured a complete defense verdict following a five-week jury trial in one of California’s most closely watched officer-involved shooting cases, defeating claims seeking more than $100 million in damages. The lawsuit arose from the December 23, 2021 Burlington Coat Factory store incident in North Hollywood, an event […]
Jones Mayer Appointed City Attorney for the City of Mission Viejo
Jones Mayer is pleased to announce its appointment as City Attorney for the City of Mission Viejo. Located in southern Orange County, Mission Viejo is a well-established community of nearly 95,000 residents, recognized for its strong neighborhoods, high-performing schools, and commitment to maintaining a high quality of life. Incorporated in 1988, the City has grown […]
Jones Mayer Expands Northern California Presence with Appointment in Chico
Jones Mayer has been selected to serve as City Attorney for the City of Chico, adding to the firm’s growing presence across Northern California. Located in Butte County in the northern Sacramento Valley, Chico sits about 90 miles north of Sacramento and continues to serve as a regional center for education, business, and recreation. With […]
Vol. 41 No. 3 SUPREME COURT SUMMARILY REVERSES SECOND CIRCUIT, FINDING NO “CLEARLY ESTABLISHED” VIOLATION IN OFFICER’S USE OF A PAIN-COMPLIANCE WRISTLOCK FOLLOWING A VERBAL WARNING
In Zorn v. Linton,[1] the United States Supreme Court in a per curiam opinion summarily reversed the Second Circuit’s denial of qualified immunity, holding that a law enforcement officer’s use of a routine wristlock on a non-compliant protester — following repeated verbal warnings — did not violate any clearly established constitutional right. Background On the […]
Ryan M. Allein Joins Jones Mayer
Jones Mayer is thrilled to announce that Ryan Allein has joined the firm. Ryan comes to Jones Mayer from the California Court of Appeal, 5th District. While serving as an appellate attorney for the court, Ryan prepared and drafted over fifty opinions. Ryan started his career at the Fresno County District Attorney’s Office. During his […]
Vol. 40 No. 19 NINTH CIRCUIT FINDS NO CONSTITUTIONAL VIOLATION IN CASE WHERE OFFICERS SHOT INTO VEHICLE KILLING BOTH KIDNAPPER AND SECONDS LATER A MINOR HOSTAGE
In Hawatmeh v. City of Henderson,[1] the Ninth Circuit Court of Appeals affirmed the lower court’s dismissal of Plaintiffs’ constitutional claims in a case where, tragically, a minor hostage was shot by officers and died. Background In November 2020, Dianne Hawatmeh and her daughter Yasmeen had returned to their apartment complex when their neighbor, Jason […]