General

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

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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Is it Legal to Record Police Officers in California?

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 …

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How to Make a Law Enforcement Complaint

Did you know you can make a complaint against law enforcement? Filing a complaint is one way to ensure that departments are aware of a police officer’s misconduct that could possibly lead to corrective action. Under California Penal Code Section 832.5, each law enforcement agency is required to establish a procedure to receive and investigate …

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