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. 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 […]

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 […]