June 2024

Can You Sue the Police for Malicious Prosecution if the Police had Probable Cause for Some Charges, But Not All?

The United States Supreme Courts says “Yes.” Chiaverini v. City of Napoleon This case deals with a Fourth Amendment malicious-prosecution claim under 42 U.S.C. §1983. For a plaintiff to win such a claim, they must prove that a government official charged them without probable cause, leading to an unreasonable seizure. The key issue here is …

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Ninth Circuit Reverses Qualified Immunity on Firearm Possession and Deadly Force

Calonge v. City of San Jose On the afternoon of October 31, 2019, in San Jose, Decedent Calonge was spotted near a shopping center carrying a Powerline 340 BB gun. Mistaking it for a real handgun, a passerby called 911. Shortly after, another caller reported seeing a man with a gun near Independence High School, …

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