9th Circuit

Not clearly established that officers violated passenger’s rights by shooting her when returning fire from driver of vehicle; violation of rights was not obvious.

Clearly established that use of deadly force against man walking down street carrying gun in his waistband, posing no immediate threat, and failing to comply with conflicting commands violated Fourth Amendment.

In multiple shooting of knife wielding suspect, court concludes shots one through four were reasonable, but a factual dispute about whether plaintiff was still dangerous precluded summary judgment with respect to shots five and six.

Officer’s use of deadly force against suicidal man was reasonable, even though man had already harmed himself when officers arrived, officers did not attempt to reposition themselves when he approached them, man was not suspected of having committed crime, but he was holding knife, was non-communicative, and failed to respond or comply with officer’s command to “drop the knife,” but instead quickly approached officers, holding knife out towards them.

Evangelist arrested when he refused to move as ordered by officers when others abused and physically assaulted him; court reverses denial of preliminary injunction, finding content-based heckler’s veto: defined as “government silences particular speech or a particular speaker due to an anticipated disorderly or violent reaction of the audience.”

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