California Case Summaries

Constitutional Law

Secondary practice area

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

Service Employees International Union v. Department of Justice — Ninth Circuit Reinstates Stay of Order Barring Federal Ballot-Sequestration Demands and Prosecution Threats

automatic / November 3, 2026

On Election Day 2026, a majority of the Ninth Circuit en banc court reinstated a panel order staying a district court's temporary restraining order that had barred federal officials from demanding ballot sequestration and threatening election officials with prosecution.

6th District Court of Appeal, Constitutional Law, Criminal Law

People v. Jimenez — Racial Justice Act Charging Claim Fails Without a Like-for-Like Comparison of Similarly Situated Murder Defendants

automatic / November 3, 2026

The Sixth District held in a partially published opinion that Racial Justice Act statistics comparing Latinx overrepresentation among life-without-parole prisoners with the general population, rather than with similarly situated murder defendants, did not make a prima facie showing of disparate special-circumstance charging.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

Service Employees International Union v. DOJ — Ninth Circuit Stays Order Barring Federal Ballot-Sequestration Requests and Prosecution Warnings

automatic / November 2, 2026

A divided Ninth Circuit panel granted the Government's motion for a stay pending appeal of a temporary restraining order that barred federal ballot-sequestration requests and prosecution warnings to election officials, concluding that the Government is likely to prevail on the Voting Rights Act and Elections Clause claims.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation, Personal Injury & Tort

Johnson v. Adgar — Officer Used Excessive Force but Receives Qualified Immunity

automatic / November 2, 2026

The Ninth Circuit held that firing the projectile at Johnson was unreasonable force under the Fourth Amendment. Johnson and nearby demonstrators were peaceful, the weapon could cause serious injury, and a generalized interest in controlling a crowd did not justify shooting someone who posed no imminent threat. The court therefore left no doubt that the conduct violated Johnson’s constitutional right.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

United States v. California — Ninth Circuit Dismisses Premature Ballot-Segregation Appeal

automatic / October 26, 2026

A divided Ninth Circuit panel dismissed the appeal for lack of jurisdiction and denied the emergency motion as moot. Ordinarily, an appellate court reviews an order granting or denying an injunction, not a request the trial court is still actively considering. The narrow constructive-denial doctrine can treat inaction as appealable when delay effectively refuses urgently needed relief and creates imminent, severe, irreparable consequences. Those conditions were not met here.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Litigation

Prado v. City of Berkeley — Ninth Circuit Partly Stays Encampment Injunction During Disease Abatement

automatic / October 26, 2026

The panel granted a stay to the extent the district court’s orders prevented Berkeley from clearing and abating the Harrison encampment. Public-health evidence showed that leaving tents and vehicles in place could shelter rats and interfere with eradication measures. That created a serious risk to residents, workers, and the public, and justified allowing the city to complete work at that location while appellate review continued.

Ninth Circuit Court of Appeals, Administrative Law, Civil Procedure, Constitutional Law

Newsom v. Trump — Ninth Circuit Denies Voluntary Dismissal of Fully Briefed Appeal to Prevent Strategic Manipulation of Precedent, but Grants Dismissal of Unbriefed Extension Appeal

automatic / October 23, 2026

The Ninth Circuit denied Defendants' motion to voluntarily dismiss the fully briefed appeal of the initial federalization injunction, finding the appeal not moot and that dismissal would allow strategic manipulation of precedent, while granting dismissal of the unbriefed extension appeal.

Ninth Circuit Court of Appeals, Administrative Law, Civil Procedure, Constitutional Law

Newsom v. Trump — Ninth Circuit affirms order blocking federalization and deployment of California National Guard in Los Angeles

automatic / October 23, 2026

The Ninth Circuit affirmed a district court order, reviewable as a preliminary injunction, that bars deployment of the federalized California National Guard in Los Angeles because neither 10 U.S.C. § 12406(3) nor § 12406(2) likely authorized the President's June 2025 federalization order.

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Thomas — Investigatory Car Search Could Not Be Justified as an Inventory

automatic / October 22, 2026

The Second District reversed and ordered suppression. An inventory search must be tied to a legitimate caretaking purpose, such as protecting property, protecting police from claims, or removing a vehicle that threatens traffic or public safety. It cannot be used as a substitute for probable cause when officers hope to find evidence. The prosecution bears the burden of proving the exception.

5th District Court of Appeal, Constitutional Law, Construction Law, Litigation

Davis v. Fresno Unified School District — Bond-Funded Lease-Leaseback Violated Bidding Laws, but Contractor Need Only Return $236,129 Net Profit

automatic / October 22, 2026

The Fifth District held that a bond-funded school lease-leaseback did not qualify for the Education Code section 17406 bidding exception, rejected the Government Code section 1090 conflict claim, and directed a modified judgment requiring the contractor to return $236,129 in net profit.

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