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 […]

In Glazer v. State, 1 CA-CV 16-0416, 2017 WL 2125720 (Ariz. App. May 16, 2017), the court held that the lower interest rate applicable to judgments against the State during an appeal does not apply to any portion of a judgment that is not being paid out of the State’s […]

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 […]

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 […]

On May 11, 2017, Nick Acedo presented at the Twentieth Annual Public Practice Legal Seminar at the Prescott Resort in Prescott, Arizona.  The topic—An Appellate Perspective on Case Strategy—included a discussion on appellate tips and insight, recent cases and trends in the law affecting public entities, and a close look […]

Following a two week trial in federal court, Dan Struck obtained a defense verdict on behalf of a correctional services provider. The six inmate plaintiffs were assaulted by a group of gang member inmates in a close custody unit. Plaintiffs alleged prison administrators failed to protect them, and that the […]

In Davis v. United States of America, 15-55671, 2017 WL 1359482 (9th Cir. Apr. 13, 2017), federal agents secured a search warrant to seize lunar material belonging to a 74-year-old woman. The agents became aware of the material after the woman emailed NASA asking for assistance in finding a buyer; […]

In Wagner v. State, 1 CA-CV 16-0134, 2017 WL 1406440 (App. Apr. 20, 2017), a social worker working at a prison operated by the Arizona Department of Corrections (“ADC”) slipped and fell on a wet floor. At the time, the social worker was working as an employee of a private […]

In Andres v. Marshall, 15-56057, 2017 WL 1416497 (9th Cir. Apr. 21, 2017), an inmate filed a grievance. Three months later, having never received a response, the inmate filed a petition in state court regarding his attempt to exhaust. While that petition was pending, the inmate filed his federal lawsuit. […]

Rachel Love presented at the National Institute of Jail Operations’ 2017 JAILCON WEST Conference in Scottsdale, Arizona: Transgender Inmate Populations; Winning Unwinnable Lawsuits; and Answering and Lowering Your Grievances.  April 2017.