Case Summaries
Criminal Law & Procedure
[12/01] Dunn v. Matatall
In an action under 42 U.S.C. section 1983 alleging that defendants-officers violated plaintiff's Fourth Amendment rights by using excessive force when plaintiff's leg was broken during his arrest, summary judgment for defendants is affirmed where defendants committed no constitutional violation as it could not be said that their conduct was objectively unreasonable under the circumstances.
[11/26] Schaffer v. City and County of San Francisco
In a case against the city and county for violation of plaintiffs civil rights in connection with arrest and prosecution, judgment granting defendant-city's anti-SLAPP (strategic lawsuit against public participation) motion to strike plaintiff's complaint is affirmed over claims that: 1) the court erred in concluding that defendants' statements, made in the course and scope of their duties as police officers, were not protected by the anti-SLAPP statute; and 2) court erred when it did not grant plaintiff's request for leave to amend the complaint to state a claim under 42 United States Code section 1983.
[11/26] People v. Hughston
Conviction for narcotics offenses is reversed and remanded where the warrantless search of the vehicle, located inside the tent of the structure, violated defendant's Fourth Amendment rights.
[11/26] People v. Madrid
Conviction for possession of precursors with intent to manufacture methamphetamine, possession of heroin for sale and transportation of heroin is reversed where: 1) given the known facts, a reasonable police officer would not have perceived a need to stop defendant's vehicle to discharge his community caretaking functions; 2) the officer detained defendant in violation of the Fourth Amendment; and 3) the court erred in denying defendant's motion to suppress evidence seized by the police as a result of the illegal detention.
[11/26] People v. Morales
Conviction for possession of a firearm by a felon, possession of ammunition by a felon, attempting to evade a police officer, misdemeanor resisting and obstructing a police officer, child abuse likely to create great bodily harm, assault with a firearm, shooting at an inhabited dwelling, and first degree burglary is affirmed in part and reversed in part where defendant could not be convicted of the crime of shooting at an inhabited dwelling if he or she was inside the attached garage of the dwelling and fired gunshots into the house.
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