GMSR: Greines, Martin, Stein & Richland LLP

Constitutional Law

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GMSR has helped shape constitutional law, handling cutting-edge cases involving privacy, searches and seizures, due process, and the First Amendment. In addition to our extensive experience in the federal circuit courts, we have also appeared repeatedly in the U.S. Supreme Court in recent years.
Representative cases are highlighted below. Click on red case names for more information, including our briefs and the court's opinion. For a complete list of cases in this practice area, click on the "All Cases" link in the sidebar.

Los Angeles County Flood Control District v. Natural Resources Defense Council (2013) __ U.S. __, 11-460
United States Supreme Court held that the Ninth Circuit erred in holding the Los Angeles County Flood Control District liable for violations of the Clean Water Act
Timothy T. Coates

Messerschmidt v. Millender (2012) 565 U.S. ____; 132 S.Ct. 1235
US Supreme Court held that the Los Angeles County Sheriff's deputies were entitled to qualified immunity and thus could not be held personally liable for civil damages
Timothy T. CoatesLillie Hsu

Stern v. Marshall (2011) 564 U.S. ____; 131 S.Ct. 2594
The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.
Kent L. RichlandAlan DiamondEdward L. Xanders

Los Angeles County v. Humphries (2010) 562 U.S. ____; 131 S.Ct. 447
No declaratory or injunctive relief available in civil rights action against municipality under 42 U.S.C. Section 1983 absent wrongful policy, custom or practice approved or knowingly tolerated by local public entity policymakers.
Timothy T. CoatesAlison M. TurnerLillie Hsu

City of Ontario v. Quon (2010) __ U.S. ___, 130 S.Ct. 2619, 177 L.Ed.2d 216
Expectation of privacy in messages sent and received on his employer-issued device; Fourth Amendment’s prohibition of unreasonable searches and seizures
Kent L. RichlandKent J. Bullard

John Van de Kamp, et al. v. Thomas Lee Goldstein (2009) 129 S.Ct. 855
Prosecutorial immunity applies to 42 U.S.C. § 1983 claims concerning the manner in which the prosecutor’s office implemented policies and training for jailhouse informants
Timothy T. CoatesJeffrey E. Raskin

Marshall v. Marshall (2006) 547 U.S. 293, 126 S.Ct. 1735,164 L.Ed.2d 480
Claims based on interference with an inter vivos trust do not fall within the “probate” exception to federal jurisdiction
Kent L. RichlandAlan DiamondEdward L. Xanders

County of Riverside v. McLaughlin (1991) 500 U.S. 44
Appropriate time period within which warrantless arrestees must receive probable cause determination
Martin SteinTimothy T. Coates

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