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 […]
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 […]
Vol. 40 No. 18 WHEN OFFICERS LOSE A SUSPECT’S TRAIL FOR EIGHTEEN MINUTES, THERE IS NO HOT PURSUIT
In Jones v. City of N. Las Vegas,[1] the Ninth Circuit Court of Appeals affirmed in part and reversed in part a District Court’s summary judgment in favor of defendant police officers in plaintiffs’ action alleging that defendants violated their Fourth Amendment rights when the officers physically intruded into plaintiffs’ backyard without permission while searching […]
Vol. 40 No. 17 DESPITE DEFENDANT RETAINING A PRIVACY INTEREST IN ABANDONED IPHONE, BECAUSE SUBSEQUENT SEARCH WAS WARRANT-BASED AND REASONABLE, THERE WAS NO FOURTH AMENDMENT VIOLATION
In United States v. Hunt,[1]the Ninth Circuit Court of Appeals held that in considering whether the abandonment principle applies to a person’s cell phone, courts should analyze the intent to abandon the digital device separately from the intent to abandon the device’s data—and not conflate the two. Finding that the defendant here did not abandon […]
Vol. 40 No. 16 OFFICER’S USE OF LESS-LETHAL FORCE THAT SERIOUSLY INJURED BYSTANDER FILMING NEAR A PROTESTING CROWD NOT UNREASONABLE GIVEN THAT PROTESTERS OBJECTIVELY POSED AN IMMEDIATE THREAT TO THE SAFETY OF OFFICERS, CITIZENS, AND PROPERTY
The Ninth Circuit Court of Appeals held in Cheairs v. City of Seattle,[1] that the use of force by an officer – who threw a blast ball diversionary device that injured a bystander who was filming protestors – was not excessive. In reaching its conclusion, the Court concluded that the protesters at the front of […]