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. 41 No. 4 OFFICER ENTITLED TO QUALIFIED IMMUNITY FOR FATAL SHOOTING OF FLEEING SUSPECT HOLDING INFANT WHERE NO CLEARLY ESTABLISHED LAW PROHIBITED THE USE OF DEADLY FORCE UNDER THOSE CIRCUMSTANCES
The Ninth Circuit Court of Appeals in Fuhr v. City