U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

First Amendment Challenge to Tattoo Parlor Restriction, and Civil Rights Matter

In Anderson v. City of Hermosa Beach, No. 08-56914, a First Amendment challenge to a city's ban on tattoo parlors, the court reversed summary judgment for defendant where tattooing was purely expressive activity fully protected by the First Amendment, and the city's total ban on such activity was not a reasonable "time, place, or manner" restriction.

In Delia v. City of Rialto, No. 09-55514, an action by a firefighter against the City of Rialto and the Rialto Fire Department, alleging violations of his constitutional rights arising during a departmental internal affairs investigation, the court affirmed in part summary judgment for defendants on the ground that plaintiff's constitutional right under the Fourth Amendment to be protected from a warrantless unreasonable compelled search of his home was violated, but this right, under these or similar facts, was not clearly established at the time of this constitutional violation.  However, the court reversed in part where one defendant was not entitled to qualified immunity as a private attorney.

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