9th Circuit

Andrews v. City of Henderson

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 13:25

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.

David v. Kaulukukui

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 13:17

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.

Hughes v. Rodriguez

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:18

For purposes of ruling on a motion for summary judgment, a district court may properly view the facts in the light depicted by bodycam footage and its accompanying audio, to the extent the footage and audio blatantly contradict testimonial evidence” (emphasis in original.

Ochoa v. City of Mesa

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:52

Family members filed Fourteenth Amendment substantive due process claim for deprivation of familial association caused by officers shooting family member; court found conduct did not shock the conscience where decedent entered and fled from another’s home armed with knives.

Ballentine v. Tucker

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:26

Plaintiffs were activists and members of the Sunset Activist Collective and associated with CopBlock, critical of law enforcement, who chalked anti-police messages on the sidewalks of Las Vegas and were arrested under the local graffiti statute; they filed suit for retaliatory arrest; court finds case falls within narrow exception of Nieves v. Bartlett, 139 S.Ct.

Hoffman v. Preston

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:01

Bivens remedy was available to federal prisoner who alleged that correctional officer labeled him a snitch to other prisoners, offered them a bounty to assault him, and failed to protect him from predictable assault by another prisoner; court reasons that “no special factors counsel hesitation” in making a “very modest expansion” of the Bivens remedy under the 8th Amendment recognized in Carlson v. Green, 446 U.S. 14 (1980).