Vol. 38 No. 6 LETHAL FORCE USED BY OFFICERS AGAINST PERSON ARMED WITH REPLICA GUN WAS JUSTIFIED WHERE THEY REASONABLY BELIEVED THE GUN WAS REAL AND PRESENTED AN IMMEDIATE THREAT WHEN POINTED AT THEM
In Estate of Strickland v. Nevada Cnty.,[1] the Ninth Circuit concluded that it was objectively reasonable for officers to believe a black toy airsoft replica rifle pointed in their direction by a person known to have mental health issues presented an immediate threat justifying the use of deadly force. Background In December 2019, Gabriel Strickland […]
Vol. 38 No. 7 SUPREME COURT LIMITS GOVERNMENT CODE SECTION 821.6 IMMUNITY FOR INSTITUTING OR PROSECUTING A JUDICIAL PROCEEDING
On June 22, 2023, the California Supreme Court issued a published opinion in Leon v. County of Riverside, Supreme Court Case No. S269672, which greatly limits Government Code section 821.6 immunity for the instituting of prosecuting a judicial proceeding. This case will have an important impact on the liability exposure concerning law enforcement officers or […]
Vol. 38 No. 8 QUALIFIED IMMUNITY APPLIED TO OFFICERS’ WARRANTLESS IN-HOME ARREST WHERE OFFICERS WERE RESPONDING TO A POTENTIAL KIDNAPPING
In Hill v. City of Fountain Valley,[1] the Ninth Circuit concluded that although officers likely did not have probable cause to arrest a plaintiff for obstruction, qualified immunity shielded the officers from liability because there was no clearly established law at the time forbidding their actions, given the plaintiff’s evasive behavior that appeared to interfere […]
Vol. 38 No. 9 USE OF FORCE PREDICATED ON SUSPICION OF IMPENDING CRIMINAL ACTIVITY WAS NOT SUFFICIENT BASIS FOR DENYING QUALIFIED IMMUNITY FROM CLAIMS BASED ON THOSE ACTS BECAUSE IT WAS OBJECTIVELY REASONABLE
In Hopson v. Alexander,[1] the Ninth Circuit held that police detectives were entitled to qualified immunity in an action alleging excessive force under 42 U.S.C. section 1983. The detectives had approached a parked vehicle with guns pointed and forcibly removed the occupants without first identifying themselves as law enforcement officers because of their suspicion of […]
Vol. 38 No. 10 A LAW ENFORCEMENT OFFICER MUST HAVE PROBABLE CAUSE TO BELIEVE THAT A PERSON IS ON ACTIVE PAROLE BEFORE CONDUCTING A SUSPICION-LESS SEARCH OR SEIZURE PURSUANT TO A PAROLE CONDITION
In United States v. Estrella,[1] the Ninth Circuit held that a law enforcement officer must have probable cause to believe that a person is on active parole before conducting a suspicionless search or seizure pursuant to a parole condition, but that officer need not have ongoing day-by-day awareness of person’s parole status. Background In 2015, […]
Jones Mayer Leads Successful Appellate Defense in Civil Rights Case
FULLERTON, CA—Municipal law firm Jones Mayer represented peace officers from the West Covina Police Department in a recent civil rights case before the Ninth Circuit Court of Appeals. Attorney Melissa Ballard made oral arguments before the Court in a special sitting held on February 15, 2023, at the University of San Diego. The case, Briseno […]
Jones Mayer Welcomes New Attorney
Jones Mayer is pleased to announce Bruce Gridley has joined the firm as a senior litigator. Gridley received his JD from the University of Southern California Gould School of Law where he learned what it was like to be a litigator, a profession he had been interested in since watching Perry Mason. Following law school, […]
Attorney Danielle Williams Joins Jones Mayer
Jones Mayer is pleased to announce that Danielle Williams has joined the firm’s Citrus Heights office as an associate. Ms. Williams received her J.D. in 2017 from the University of the Pacific McGeorge School of Law in Sacramento, California. She brings to the firm a wealth of experience as a deputy district attorney and litigator […]
Vol. 38 No. 11 COURT STRIKES DOWN WARRANTLESS TOWS OF SAFELY AND LEGALLY PARKED CARS WITH UNPAID PARKING TICKETS
In July 2023, the California Court of Appeal held that warrantless tows of legally parked cars with unpaid parking tickets that present no threat to public safety and the efficient movement of vehicular traffic are not permissible. Coalition on Homelessness v. City & Cnty. of S.F. (2023) 2023 Cal. App. LEXIS 557 (7-21-23). However, this […]
Jones Mayer Welcomes New Attorney Rosemary Koo
Rosemary Koo joined the firm as a senior associate, bringing with her a wide range of legal experience. Ms. Koo received her JD from the University of La Verne College of Law on a full scholarship for three years. While in law school, Ms. Koo received the Student Bar Association’s Appellate Advocacy Award for best […]