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. 9 BLOCKING CONSTITUENTS ON SOCIAL MEDIA WAS A STATE ACTION WHERE PUBLIC OFFICIAL HAD ACTUAL AUTHORITY TO SPEAK ON STATE’S BEHALF AND PURPORTED TO EXERCISE THAT AUTHORITY WHEN POSTING
In Garnier v. O’Connor-Ratcliff,[1] the Ninth Circuit Court of Appeals