Ninth Circuit Again Requires Police Officers To Step Into The Shoes Of Mental Health Professionals

In Horton v. City of Santa Maria, the Ninth Circuit demonstrated its understanding that the qualified immunity analysis (which is where an officer may be immune for damages if his or her conduct is not clearly unlawful) is highly specific to the factual scenario presented in each case and reversed the district court when it…

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…