Burke Helps Secure Ninth Circuit Victory for State Medical Officials in Inmate Valley Fever Case

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…

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…

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…

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…