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. 11 IN RESOLVING FOURTH AMENDMENT EXCESSIVE-FORCE CLAIMS, COURTS MAY NOT APPLY THE MOMENT-OF-THREAT RULE BECAUSE THAT RULE CONSTRICTS THE PROPER INQUIRY INTO THE TOTALITY OF THE CIRCUMSTANCES
In Barnes v. Felix, the United States Supreme Court concluded