On May 24, 2017, in the case of Rubenstein v. Whittier Police Department, the Ninth Circuit Court of Appeals affirmed the summary judgment ruling of the District Court. Plaintiff Rubenstein alleged that her constitutional claims arising from her arrest were not time barred even though all claims accrued more than two years before Plaintiff filed her complaint. Attorney Carmen Vasquez prepared the motion for summary judgment that the District Court relied on in granting the summary judgment. On review, the Ninth Circuit agreeably determined that Plaintiffs’ claims were time barred because she failed to establish she was entitled to tolling pursuant Cantella v. Van De Kamp, 486 F.3d 1128, 1132 (9th Cir. 2007).
Vol. 40 No. 8 BECAUSE CALIFORNIA TORT LAW’S “REASONABLE CARE” STANDARD IS BROADER AND DISTINCT FROM THE FEDERAL FOURTH AMENDMENT’S REASONABLENESS STANDARD, NINTH CIRCUIT HOLDS THAT JURY’S MIXED VERDICTS – FINDING DEPUTIES DID NOT USE EXCESSIVE FORCE BUT WERE NEGLIGENT UNDER CALIFORNIA LAW – WERE RECONCILABLE
In Alves v. Cnty. of Riverside,[1] the Ninth Circuit Court