Timothy T. Coates

GMSR wins Ninth Circuit affirmance of order dismissing evidence fabrication claims against police officers

GMSR successfully defended police officers on appeal in the Ninth Circuit after they were sued by a criminal suspect who claimed officers fabricated details in their reports to support his arrest and prosecution for making racist threats.  The Ninth Circuit affirmed dismissal at the pleading stage, holding that the alleged fabrications were not plausibly material to the decision to arrest or prosecute and that any post-arrest statements were cumulative of other evidence.  The court also rejected the plaintiff’s request for leave to amend, finding he could not cure the defects in his claims.

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Orcutt v. MacDonald (Mar. 16, 2023, B319016) 2023 WL 2532025

GMSR wins affirmance of anti-SLAPP order, striking malicious prosecution claim against individual who assisted police officers

GMSR successfully defended a city fire official on appeal against a malicious prosecution claim brought by a suspect who had been arrested—and later released—in connection with anonymous racist threatening letters. The Court of Appeal affirmed the trial court’s grant of an anti-SLAPP motion, agreeing with GMSR on every independent ground raised: the client had not initiated contact with police, had offered only a lay opinion on the suspect’s handwriting rather than false statements of fact, and there was insufficient evidence of lack of probable cause or malice.

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Rivas-Villegas v. Cortesluna (2021) 595 U.S. 1 (per curiam)

GMSR wins ninth case in the United States Supreme Court

GMSR convinced the Supreme Court to direct entry of judgment in favor of a police officer based on qualified immunity.  The officer had briefly applied a knee restraint to an armed, non-compliant suspect during a volatile domestic disturbance call.  The Supreme Court reversed the Ninth Circuit, holding that existing precedent—involving far more dissimilar circumstances—was insufficient to put the officer on notice that his specific, minimal use of force could constitute an excessive force violation.

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Goldberg v. City of Beverly Hills (9th Cir. Sept. 17, 2021, No. 20-55962) 2021 WL 4240381

The Ninth Circuit affirms summary judgment for Beverly Hills, rejecting wrongful arrest claim

The Ninth Circuit affirmed a summary judgment in favor of GMSR’s client, the defendant City of Beverly Hills, in an action for false arrest, false imprisonment and violation of constitutional rights.

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Dondlinger v. Los Angeles County Regional Park & Open Space Dist. (2019) 31 Cal.App.5th 994

Court of Appeal upholds voter-approved parks tax against legal challenge

GMSR secured affirmance of a judgment on the pleadings on behalf of the Los Angeles County Regional Park and Open Space District, defeating a taxpayer’s challenge to Measure A, a voter-approved special property tax funding parks and open space.

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Williams v. Moulton Niguel Water District (2018) 22 Cal.App.5th 1198

In a published opinion, the Court of Appeal affirmed judgment

Homeowners sued GMSR’s client, the Metropolitan Water District (MWD), as well as other water districts, for nuisance and inverse condemnation, asserting that water provided by MWD to their homes contained disinfectants that caused pinhole leaks in their plumbing. In a published opinion, the Court of Appeal affirmed judgment for the MWD, agreeing with GMSR’s argument that the MWD’s compliance with state and federal standards governing disinfectants in drinking water barred any claim for nuisance because the MWD’s conduct was authorized by regulation. It also agreed that the homeowners could not pursue an inverse condemnation claim, because the MWD’s conduct did not disproportionally impact their property, and in any event, the receipt of drinking water was not a public use.

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Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc. (2013) 568 U.S. 78

Obtained Reversal

Obtained a reversal of the Ninth Circuit and clarified standards concerning what constitutes a discharge of pollutants under the Clean Water Act. 

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Messerschmidt v. Millender (2012) 565 U.S. 535

Obtained Reversal

Obtained a reversal of a Ninth Circuit en banc decision and clarified standards for granting qualified immunity to police officers procuring and enforcing search and arrest warrants.

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Los Angeles County v. Humphries (2010) 562 U.S. 29

Obtained Reversal

Obtained a reversal of the Ninth Circuit and clarified law concerning the standards for establishing injunctive relief in federal civil rights suits against cities and counties.

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Van de Kamp v. Goldstein (2009) 555 U.S. 335

Obtained Reversal

Obtained a reversal of the Ninth Circuit and established new law granting head prosecutors absolute immunity from federal civil rights liability for administrative decisions related to the prosecution of criminal cases.

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County of Riverside v. McLaughlin (1991) 500 U.S. 44

Obtained Reversal

Obtained a reversal of the Ninth Circuit, with the Supreme Court establishing a 48 hour safe harbor period for public entities to provide warrantless arrestees with a probable cause determination by a neutral officer.

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