9th Circuit

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.

City’s systematic addition of driver’s license check to otherwise valid sobriety checkpoint was objectively reasonable under 4th Amendment.

Officer violates the Fourth Amendment by tackling and piling on top of a “relatively calm,” non-resisting suspect who posed little threat of safety without any prior warning and without attempting a less violent means of effecting an arrest.

Allegation that officer worked with child’s father to circumvent mother’s custody order and misled family court by not bringing order to court’s attention when seeking protective order prohibiting mother from contacting child stated claim based on judicial deception under due process and unreasonable seizure principles for right to family association; law was clearly established, no qualified immunity.

Forcibly gang tackling subject who was unarmed and not engaging in aggressive, threatening, or evasive behavior, without warning and without consideration of less intrusive alternatives, would violate clearly established rights.

Claim of excessive force by police against escaped convict is judged under 8th Amendment standards.