Cases

GMSR has an enviable record of success on appeal. For your convenience, the firm has provided a simple search tool for guests and clients to search that record.

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B.Q. v. Dekok (9th Cir. 2020) 825 Fed.Appx. 533

Plaintiff, a seventh-grade student, claimed that a teacher’s use of inaccurate and negative translations of Sharia law to teach a unit on religion to students violated the Establishment Clause.  The district court dismissed the suit, finding that the teacher was entitled to qualified immunity because

Easley v. City of Riverside (9th Cir. 2018) 890 F.3d 851

Plaintiff Michael Easley jumped out of a car that had just led police officers on a high speed chase, and ran down a residential street.  As he ran, he pulled a gun out of his pants, raised it across his body, and threw it like

Santa Clarita Organization for Planning & Environment v. Castaic Lake Water Agency (2016) 1 Cal.App.5th 1084.

In a published opinion, Division 2 of the Second DCA upheld the right of GMSR’s client, the Castaic Lake Water Agency, to acquire all of the stock of a privately held water company via inverse condemnation, and rejected the contention that the transaction violated various

Stanton v. Sims (2013) 571 U.S. 3

Officer entitled to qualified immunity from suit for warrantless entry into home in hot pursuit of fleeing misdemeanant

Today’s Fresh Start, Inc. v. Los Angeles County Office of Education (2013) 57 Cal.4th 197

Case challenging the procedures for revoking a charter school’s charter; decision clarifies the standards governing charter school revocation proceedings

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

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

Filarsky v. Delia (2012) 566 U.S. 377 (amicus)

In a case that GMSR identified as a likely certiorari candidate and authored the sole amicus curiae brief supporting the certiorari petition, the Supreme Court reversed, holding that a private individual temporarily hired to carry out a public entity’s work is entitled to assert qualified immunity

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

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

Stern v. Marshall (2011) 564 U.S. 462

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.

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

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.