False Arrest

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

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

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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 …

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

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

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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. …

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

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

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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 …

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

Is it Legal to Record Police Officers in California?

False Arrest, General, Police Brutality, Police Excessive Force, Police Misconduct, Unlawful Search, Unlawful Seizure / By

Pulling out your phone to video record is common when we see something happening. This often occurs when we see a conflict or a situation that may escalate. It is easy to do since most people carry a video recording device in their pocket most of the time. We have all been witness to viral …

Is it Legal to Record Police Officers in California? Read More »

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