Attorneys Melissa Ballard and Krista Jee were poised to defend the City of West Covina at trial in an injunctive relief case under the Telecommunications Act of 1996 when the plaintiff mobile phone carrier abruptly offered to dismiss the case with prejudice the afternoon before trial was set to commence in the United States District Court. The Jones Mayer team previously prevailed on partial summary judgment against the plaintiff, leaving only one count remaining for trial. This was a great victory for the city, after the court had already found on summary judgment that the city had properly denied the plaintiff’s application for a conditional use permit to install a 60-foot tower in a residential zone.
Vol. 39 No. 6 QUALIFIED IMMUNITY SHIELDED OFFICER BECAUSE, EVEN IF HER FIFTH AND SIX SHOTS AT DECEDENT WERE UNREASONABLE, IT WAS NOT AN OBVIOUS SITUATION IN WHICH EVERY REASONABLE OFFICER WOULD HAVE UNDERSTOOD THAT THE LAW FORBADE FIRING ADDITIONAL SHOTS AT ALREADY WOUNDED ARMED DECEDENT AS HE CONTINUED TO TRY TO GET UP
In March 2024, the Ninth Circuit Court in Est. of