Constitutional Cases for Justice Warriors: Yim v. City of Seattle
Ninth Circuit recognizes “prison to homelessness pipeline, ” upholds (in part) Seattle ordinance forbidding landlords from adverse action based on criminal history. This spring, the Ninth Circuit decided Yim v. City of Seattle, 63 F.4th 783, 787 (9th Cir. 2023), which despite being a Section 1983 case brought by landlords against the City of Seattle, […]
Do bogus criminal charges bar a righteous § 1983 civil rights suit? “Heck No!” says Ninth Circuit.
It’s sadly a common fact pattern: a member of the community is involved in an altercation with the police; the police use excessive force; but it’s the community member who gets charged with a criminal offense. As we’ve reported earlier here, a related criminal case presents a sticky wicket for litigants hoping to see civil […]
Civil Case Updates for Criminal Practitioners Archive (April 2020)
Multiple dwellings and probable cause for search warrants Blight v. City of Manteca, 944 F.3d 1061 (9th Cir. 2019) Manteca, California! Nestled about halfway between Modesto and Stockton off of Highway 99, it is the hometown of former NBA point guard and coach Scott Brooks – an undrafted, 5’11″ bundle of grit and inspiration. But […]
Civil Case Updates for Criminal Practitioners Archive (March 2020)
Gang evidence “almost always prejudicial.” Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019) In Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019), the Ninth Circuit reversed a defense verdict in favor of prison officials who, a prisoner alleged, used excessive force against him and then delayed his access to medical care. […]
What is California AB 2799 (the Bill Restricting Use of Rap Lyrics in Criminal Trials)?
Discrimination in the jury selection process is an ongoing reality within the American criminal justice system, but measures have been taken for over a century to address the issue at both the national and state levels. The Fourteenth and Fifteenth Amendments were ratified in 1868 and 1870, respectively, guaranteeing Black men the right to vote […]
Korematsu v. United States was ‘Gravely Wrong the Day it Was Decided’
Even though Korematsu v. United States, 323 U.S. 214 (1944)-which condoned the forced relocation of all persons of Japanese ancestry in certain West coast zones during World War II pursuant to Executive Order 9066-was broadly criticized for decades within the legal profession and by American society at large, it was not expressly overruled by the […]
Say yes to “Time-Served” Deal, Say Goodbye to Wrongful-Incarceration Claim
Taylor v. Cty. of Pima,2019 U.S. App. LEXIS 1545 (9th Cir., January 17, 2019) This case addresses the scenario where a defendant was pretty obviously wrongfully convicted, but then cuts a time-served deal to get out of custody. Can he still seek civil justice? Not to spoil the ending, but the dissenting opinion opens with […]
Saying It’s Your Job Don’t Make it Right, Boss.
Sandoval v. Cty. of Sonoma, 2018 U.S. App. LEXIS 36147 (9th Cir. Dec. 21, 2018) California Vehicle Code § 14602.6(a)(1) provides that a peace officer may impound a vehicle for 30 days if the vehicle’s driver has never been issued a driver’s license. Local law-enforcement officials carried out this job enthusiastically, even for persons with […]
It’s Tricky: Entry gained by “ruse” ruled an illegal search
Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir., October 30, 2018). “And in the city it’s a pity ’cause we just can’t hide / Tinted windows don’t mean nothin’, they know who’s inside.” Run-D.M.C., It’s Tricky, Raising Hell (Profile, 1986). A state fraud investigator wanted to see if a social-security claimant was telling […]
San Francisco has reversed course on use of lethal robots …for now
In a twist more closely resembling a Hollywood movie than reality, the San Francisco Police Department recently stood on the brink of employing bomb-toting robots authorized to deploy lethal force on members of the community. In late November 2022, the San Francisco Board of Supervisors voted 8 to 3 in favor of a such a […]