Ninth Circuit: Dog Bite Not Excessive Force

June 2017 | Category: Significant Cases

In Lowry v. City of San Diego, 13-56141, 2017 WL 2434715 (9th Cir. June 6, 2017), officers responded to an office building to investigate a triggered burglar alarm. Upon seeing an opened door to a darkened suite and suspecting a burglary might be in progress, one of the officers released […]

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Supreme Court: No More Provocation Rule

June 2017 | Category: Significant Cases

In County of Los Angeles v. Mendez, 16-369, 2017 WL 2322832 (U.S. May 30, 2017), the Supreme Court rejected the Ninth Circuit’s provocation rule, see Billington v. Smith, 292 F.3d 1177, 1189 (9th Cir. 2002).  Under that rule, an officer was liable for injuries resulting from a use of force—even […]

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Ninth Circuit: Can You Hear Me Now (Supreme Court)?

May 2017 | Category: Significant Cases

In S. B. v. County of San Diego, 15-56848, 2017 WL 1959984 (9th Cir. May 12, 2017), an individual with a history of mental health issues was acting aggressively and strangely all day, at one point threatening “someone was gonna get hurt” if he did not get some alcohol.  Concerned […]

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Arizona Supreme Court — Time Does Run Against the King

May 2017 | Category: Significant Cases

In City of Phoenix v. Glenayre Elecs., Inc., CV-16-0126-PR, 2017 WL 1929472, at *1 (Ariz. May 10, 2017), the Arizona Supreme Court held that the statute of repose in A.R.S. § 12-552(A) applies to government entities and bars certain real property actions, notwithstanding A.R.S. § 12-510’s provision exempting government entities […]

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