Summary On February 1, 2019, in Hines v. Youseff, #15-16145, 2019 U.S. App. Lexis 3312 (9th Cir.), the Ninth Circuit upheld the dismissal of lawsuits brought by hundreds of inmates claiming they were unlawfully exposed to Valley Fever, a disease caused by inhaling certain fungal spores that are endemic to much of the Southwestern United…
Category: Ninth Circuit
The Supremes Strike Again: the Qualified Immunity Iron is Hot
Qualified immunity is a strong affirmative defense for officers and officials in cases where constitutional violations are alleged. But despite repeated exhortations by the Supreme Court that the analysis about whether a person would be on notice that his/her conduct was unlawful must be highly specific, district courts and even the Ninth Circuit continue to…
Inmate Safety Concerns Put Constitutional Rights to Bed
On January 11, 2019, the Ninth Circuit affirmed the case of Olivier v. Baca, finding that former Sheriff Lee Baca did not violate an inmate’s civil rights when he was detained for three days without a bed due to exigent circumstances. Factual Background Maurice P. Olivier was arrested in July 2006 for burglary. Following his…
The Truth, the Whole Truth, and Nothing But the Truth Regarding Witness Immunity for Peace Officers
The United States has long upheld the concept of the witness immunity, which protects witnesses who testify at legal proceedings from civil lawsuits. The public policy rationale behind this doctrine is that witnesses should feel that they can testify truthfully without fear or intimidation of being sued in a retaliatory civil action. In Briscoe v….
Is Your Anti-Camping Ordinance Legal?
In 2017, California had approximately 134,278 homeless individuals and 68.2% of this population was unsheltered. In response to the influx of individuals sleeping on public property, many cities created ordinances prohibiting people from camping in public spaces (anti-camping laws) and these ordinances allowed law enforcement to issue citations to homeless people for sleeping on public…
The Ninth Circuit Reaffirms a Key Principle of §1983 Litigation – A Plaintiff Must Present Evidence That a Defendant Actually Participated in the Violation of the Plaintiff’s Rights
By Mitch Wrosch From November 2005 to August 2013, Plaintiff William King was incarcerated at Twin Towers Correctional Facility, a Los Angeles County jail, where he was held as a civil detainee while awaiting the adjudication of an involuntary commitment petition under California’s Sexually Violent Predator Act (“SVPA”). For more than six of those years…
Burke Secures Victory for Detectives at Ninth Circuit in Alleged Wrongful Conviction Case
Background In 1994, John Smith was convicted of murder and attempted murder. Approximately 15 years later, the main eyewitness in the case, Landu Mvuemba, recanted his testimony. At the time he recanted his testimony, Mvuemba was facing his own criminal charges in an unrelated case. Based on Mvuemba recanting, Smith’s criminal conviction was overturned. Thereafter,…
Perez v. City of Roseville | When Police Officers Date Fellow Officers
Generally, dating someone you work with is not a good idea. If things don’t work out, it makes the work atmosphere awkward. When a relationship occurs between employees of different ranks, it can create problematic dynamics leading to harassment or hostile work environment claims (with claims brought by one of the involved employees or by…
Ninth Circuit Adds Extra Step to Screening Process for Pro Se Prisoner Claims
Groundhog’s Day may not be until February, but several parties in pro se cases may start feeling a sense of de ja vu by seeing screening orders that seem duplicative of orders they’ve seen before. This is the result of a recent case Michael B. Williams v. Audrey King, et al., whereby the Ninth Circuit’s…
2017 Year in Review: A Look Back at the Biggest Stories in Law Enforcement and Corrections
Sexual Harassment takes the Spotlight: As sexual harassment and sexual assault claims sweep through all types of industries, law enforcement and correctional agencies should be prepared to handle these matters – both amongst employees, pretrial detainees, and inmates who may raise claims. Do you know whether hugs can lead to a sexual harassment lawsuit against…
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