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. 7 OFFICERS THAT INDUCED FALSE TESTIMONY FROM WITNESS THROUGH ABUSIVE INTERROGATION TACTICS WERE NOT ENTITLED TO QUALIFIED IMMUNITY FROM SUIT ALLEGING THEY HAD VIOLATED THE CONSTITUTION BY FABRICATING EVIDENCE TO SECURE CONVICTION
In Ciria v. Gerrans,[1] the Ninth Circuit Court of Appeals