Blog - Greg Peacock Law

George Floyd Protestors Are Denied Class Action Certification

Leave a Comment / Police Excessive Force, Police Misconduct / By Gregory Peacock

Following George Floyd’s death in 2020, Los Angeles experienced large-scale protests that lasted about ten days. While many protests were peaceful, others were not. In response, the LAPD imposed curfews, declared some protests unlawful, and used non-lethal force to control crowds, arresting thousands. A lawsuit was filed against the City and LAPD Chief Michel Moore, …

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9th Circuit Denies Qualified Immunity for Officers in High-Risk Traffic Stop Case

Leave a Comment / False Arrest, False Imprisonment, Qualified Immunity / By Gregory Peacock

Hasmik Chinaryan was driving home with her teenage daughter and a friend after a family event when a police officer mistakenly believed her vehicle was stolen due to a series of errors, including incorrect license plates issued by the DMV. Despite driving lawfully for over ten minutes while being followed by a police car, the …

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Ninth Circuit Upholds Denial of Qualified Immunity in Fourth Amendment Excessive Force and First Amendment Retaliation Case Involving Peaceful Protester

Leave a Comment / Officer-Involved Shooting, Police Excessive Force, Qualified Immunity / By Gregory Peacock

In the summer of 2020, Derrick Sanderlin attended a protest in San Jose, California, following the death of George Floyd. During the protest, Officer Michael Panighetti shot Sanderlin in the groin with a 40mm foam baton round. Sanderlin sued Panighetti, claiming that the use of force was retaliatory and excessive, violating his First and Fourth …

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United States Supreme Court Allows Plaintiff to Pursue Her First Amendment Retaliatory Arrest Claim Despite the Presence of Probable Cause

Leave a Comment / False Arrest / By Gregory Peacock

Read below to learn more about the case Gonzalez v. Trevino and how it impacts First Amendment rights in false arrest claims. In Nieves v. Bartlett (2019), the Supreme Court established that a plaintiff bringing a retaliatory arrest claim must typically prove the absence of probable cause for their arrest. However, there’s an exception: if …

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

Leave a Comment / General / By Gregory Peacock

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

Leave a Comment / General, Qualified Immunity / By Kylie

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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Ninth Circuit Court of Appeals Gives Immunity to Officers Who Shot and Killed an Unarmed Man

Leave a Comment / General / By Gregory Peacock

The tragic events leading to Robert Anderson’s death originated from a 911 call seeking assistance in a domestic violence incident. Officers Wright and Willey, responding to the call, wore body cameras that recorded the encounter. Upon arrival at Mr. Anderson’s home, the officers were informed by the distressed minor children that their parents were fighting, …

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Can the Police Shoot Someone Who Points a Replica Gun at Them?

Leave a Comment / Police Excessive Force, Police Misconduct / By Gregory Peacock

Recently, the Ninth Circuit Court of Appeals addressed this issue in Strickland v. Nevada County On December 26, 2019, Gabriel Strickland was arrested and detained at a correctional facility in Nevada City, California by the Nevada County Sheriff’s Office and Wellpath Management, Inc., a contractor providing medical services at the facility. After a physical and …

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Can police detain you even if they don’t suspect that you committed a crime?

Leave a Comment / False Arrest, False Imprisonment / By Gregory Peacock

The Ninth Circuit Court of Appeals recently addressed this issue in Bernal v. County of Sacramento. On March 5, 2018, Sacramento County Sheriff’s Department deputies responded to a threat made by Ryan Bernal, who was reported to be planning a school shooting. Upon arriving at the Bernals’ residence, they encountered Ryan’s parents, Celia and William. …

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Can I Sue the Police if I Agreed to a Deferred Entry of Judgement (“DEJ”)?

Leave a Comment / False Arrest / By Gregory Peacock

The United States Court of Appeals for the Ninth Circuit issued an opinion in the case of Francisco Duarte v. City of Stockton, et al., reversing the district court’s dismissal of the plaintiff’s false arrest and municipal liability claims, as well as the adverse summary judgment on the excessive force claim. The court remanded the …

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