Week of September 15, 2021

Massage industry was a “closely regulated” industry in California and warrantless search of massage parlor came within exception to warrant requirement for an administrative search of a “closely regulated” business; three necessary requirements were met: curtailing prostitution and human trafficking is a substantial government interest; warrant exception is necessary to further the regulatory scheme considering the potential ease of concealing violations; the inspection program, in terms of the certainty and regularity of its application provided a constitutionally adequate substitute for a

Inmate alleged detention officer, animated by anti-Muslim animus, ignored religious exemption to prison’s beard shaving policy and forced him to shave his beard; inmate stated violation of rights under Free Exercise clause; that officer’s conduct would violate Free Exercise clause was clearly established, hence no qualified immunity; inmate stated group-based equal protection claim and strict scrutiny applied to that claim.

Plaintiff, a parolee, and an atheist, alleged he was forced to participate in religious activities by his parole officer and the director of the Mission where his parole officer directed him to make his residence; genuine disputes of fact on both Establishment and Free Exercise Clause claims precluded summary judgment; parole officer not entitled to qualified immunity on either claim because right to be free from state-sponsored religious coercion was clearly established; evidence sufficient for jury to find that Mission director was a state actor.

Second officer who was present while first officer questioned plaintiff and arrested him before second officer drove arrestee to police station did not make the arrest and was not liable for false arrest or malicious prosecution.

Plaintiff’s decedent was arrested for suspended license violation and three hours after he was booked into jail he was found dead of a drug overdose; objective component that prisoner’s medical need was sufficiently serious was met because he died of multiple drug intoxication; prisoner had an obvious need for medical care where he was bent at the waist, swaying, grabbing his head and midsection, dropping his food, falling to the floor repeatedly, and lying on floor with a pool of vomit around his head; court refuses to reach issue of whether Kingsley eliminated subjective prong be

Discussing and finding adequate investigation into alleged sexual abuse before making arrest; distinguishing Kuehl v. Burtis, 173 F.3d 646 (8th Cir. 1999) and canvassing other cases of alleged failure to investigate.