Vol. 37 No. 15 EN BANC NINTH CIRCUIT COURT CONCLUDES THAT ASSEMBLY BILL 32 VIOLATES THE SUPREMACY CLAUSE
In Geo Grp., Inc. v. Newsom,[1] the en banc panel of the Ninth Circuit Court of Appeals declared California enacted Assembly Bill 32 (“AB 32”), which states that a “person shall not operate a private detention facility within the state,” is in violation of the Supremacy Clause. In reaching its conclusion, the Court found that […]
Vol. 37. No. 16 WHERE OFFICER SHOOTS AT SUSPECT RESULTING IN NO INJURIES BUT THEN STOPS, AND THE SUSPECT LATER KILLS HIS HOSTAGES, THERE IS NO ACTIONABLE DEADLY FORCE TORT CLAIM
California Court of Appeal found that County defendants were not liable in a case where after a deputy sheriff exchanged gunfire with an armed intruder who had taken hostages, the intruder subsequently killed the hostages. In Golick v. State of California,[1] the California Court of Appeal found that plaintiffs failed to allege facts showing that […]
Vol. 37 No. 17 DEPUTIES THAT DID NOT SHOOT AND KILL DECEDENT WERE ENTITLED TO QUALIFIED IMMUNITY ON PLAINTIFF’S EXCESSIVE FORCE CLAIM BECAUSE THEY WERE NOT INTEGRAL PARTICIPANTS IN THE CONSTITUTIONAL VIOLATION
In Peck v. Montoya,[1] the Ninth Circuit Court of Appeals concluded that three deputies who did not shoot at a decedent, and who was shot by two other deputies, were not liable under the integral-participant doctrine. The Court of Appeals consequently reversed as to the excessive force claim against these three deputies. Background 65-year-old Paul […]
Vol. 37 No. 18 UNDER THE ADMINISTRATIVE SEARCH EXCEPTION, TIRE CHALKING IS NOT A FOURTH AMENDMENT VIOLATION AND CONSEQUENTLY, MUNICIPALITIES ARE NOT REQUIRED TO OBTAIN WARRANTS PRIOR TO CHALKING TIRES
In Verdun v. City of San Diego,[1] the Ninth Circuit Court of Appeals held that municipalities are not required to obtain warrants before chalking tires as part of enforcing time limits on city parking spots. In reaching its conclusion, the Court stated that even assuming the temporary dusting of chalk on a tire constitutes a […]
Client Alert Vol 38 No 1 INVENTORY SEARCH OF TRUCK PARKED ILLEGALLY BY DRIVER WITHOUT VALID LICENSE ON PRIVATE PROPERTY WAS NOT FOURTH AMENDMENT VIOLATION WHERE VEHICLE WAS IMPOUNDED FOR VALID COMMUNITY CARETAKING PURPOSE
In United States v. Anderson,[1] the Ninth Circuit Court of Appeals concluded that a District Court did not err in concluding that the government established that a valid community caretaking purpose existed for impounding and inventorying defendant’s truck before an inventory search was conducted. The Court determined that sheriff’s deputies had an objectively reasonable belief […]
Client Alert Vol 38 No 2 DEFENDANT WAS NOT DETAINED WITHIN THE MEANING OF THE FOURTH AMENDMENT BECAUSE A REASONABLE PERSON WOULD VIEW THE DEPUTY’S USE OF A SPOTLIGHT LACKING IN COERCIVE FORCE
The California Supreme Court, in People v. Tacardon,[1] concluded that shining a spotlight for illumination does not ipso facto constitute a detention under the Fourth Amendment. The Court explained that the proper inquiry instead requires consideration of the totality of the circumstances, including the use of a spotlight. Background Sheriff’s Deputy Joel Grubb was on […]
Client Alert Vol 38 No 3 A TRIAL COURT MAY CONSIDER HEARSAY EVIDENCE WHEN RULING ON A GUN VIOLENCE RESTRAINING ORDER PETITION
In San Diego Police Dept. v. Geoffrey S.,[1] the Fourth District held that hearsay evidence is admissible at a hearing on a gun violence restraining order (“GVRO”) under Penal Code section 18175. The Court applied its analysis from a previous case[2] in which the Fourth District had held that hearsay evidence is admissible at a […]
The Passing of Peter L. Wallin
Jones Mayer mourns the passing of Peter L. Wallin who passed away on July 25, 2022. Peter was extraordinary, not just as an attorney, but as a human being. No matter the circumstances, he approached each day and each problem with the most positive of attitudes and lived life to its fullest. Peter graduated from […]
Vol. 37 No. 11 AFTER DECISION REJECTING TIERED-SCRUTINY ANALYSIS IN SECOND AMENDMENT CASES, SUPREME COURT VACATES CIRCUIT COURT CASES UPHOLDING CONSTITUTIONALITY OF STATES’ LAWS INVOLVING FIREARMS RESTRICTIONS
In light of its decision in New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] the United States Supreme Court issued an order vacating and remanding four Circuit Courts of Appeals judgments involving the Second Amendment’s application to various state laws. In Bruen, the Supreme Court deemed a New York state law’s […]
The Passing of Harold W. Potter on March 21, 2022
Jones Mayer mourns the passing of Senior Litigator Harold W. Potter, Jr., who passed away on March 21, 2022. “Harold was an inspiration to the firm, both as an attorney and as a person. He could work magic with juries and mentored other lawyers with a humor, intelligence and grace that is a rare combination,” […]