9th Circuit

FBI's inventory searches of safe deposit boxes seized pursuant to warrant from self-storage facility that government was investigating for various criminal activities, including money laundering, did not fall within scope of inventory search exception to warrant requirement, even though FBI had standardized inventory search policy, where FBI conducted inventory searches pursuant to supplemental instructions designed specifically for facility; government exceeded scope of warrant authorizing seizure of safe deposit boxes from self-storage facility; warrant specifically did not authorize crim

Officers entitled to qualified immunity for shooting and killing suspect in domestic call where suspect, although unarmed and not reaching for a weapon, used aggressive language, ignored an order from officers, and rushed toward officers in small and confined space; dissent by Judge Berzon.

No clearly established First Amendment right to remain silent during police questioning, Wooley v. Maynards, 430 U.S. 705 (1977) recognition of “right to refrain from speaking at all” in connection with right not to display “Live Free or Die” on license plates is at too high a level of generality; no clearly established right to be free from investigation in retaliation for exercising First Amendment rights.

County’s
failure to have guidelines for using armored personnel carrier to execute PIT maneuvers
was not deliberately indifferent where representative testified he had never heard of
such use, never thought of it, and never addressed it under policy.

Court rules Brady claim is not available to someone held for four years prior to trial due to suppression of exculpatory evidence because there was no judicial proceeding in which he was prejudiced due to the failure to disclose; court suggests there may be a different claim based on continued detention after it was or should have been known he was entitled to release, but doesn’t decide that issue; in my view court is wrong about the scope of a Brady due process violation, which should only require a deprivation of liberty rather than prejudice at a judicial p

In suit by inmate alleging state psychologists discriminated against him on basis of race and religion in preparation of reports for parole boards, court rules psychologists were not entitled to absolute judicial immunity.

Heck bar does not apply when criminal charges were dismissed after entry of a plea that was held in abeyance pending the defendant’s compliance with certain conditions; Heck requires an actual conviction, not its functional equivalent.

Mother drowned children after police separated her and children from father; court rejects “legal requirement” exception to rule against liability for failure to act; rejects special-relationship exception on facts of case because officials did not have custody of the children, rejecting “de facto” custody argument; permits state created danger claim against officials who left children in situation more dangerous than one in which they found them; physical separation of father from children did not violate his right to familial association.

Vacating and amending J.K.J. v. City of San Diego, 17 F.4th 11247 (9th Cir. 2021), previously reported in Actionable Conduct on Nov. 23, 2021.

Officers got search warrant to search plaintiff’s motel room, then got oral approval from judge to search his house, but did not physically amend the warrant; search of home violated 4th Amendment, but officers awarded qualified immunity because law was unclear that warrant had to be physically amended; dissent by Judge Otake with respect to qualified immunity, on ground that particularity requirement of 4th Amendment is clear.