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Research batch 11
Batch 11.
Batch 11 (7 Oct 2026) runs channel 1 on California — the statute name joined to retaliation and First Amendment — and finds the only California case in the record where a court actually reached the question of retaliatory motive for a § 5150 hold, and rejected it on the facts after trial.
consolidated record; no separate original batch file supplied. The full source retains additional narrative, method, bibliography and correction sections.
Read the full source record →Bias: probable cause ended the challenge to two holds
San Leandro / Alameda County, 14 and 23 May 2003; 9th Cir. 28 Nov 2007
A pro se litigant with a pending matter before a judge was placed on two § 5150 holds nine days apart by the same officer; the second application recorded her statement that she would kill herself if the judge ruled against her; she was examined and released the same…
Read the recordNguyen: the testimony behind a contested psychiatric hold
San Diego; S.D. Cal. 3:11-cv-02594; 9th Cir. No. 15-56996, 20 Mar 2017
After a bench trial the court found officers had probable cause under § 5150, used reasonable force, and — on the retaliation count — accepted the officers' testimony that the plaintiff's speech was not a factor in the decision to detain
Read the recordLeFay: the probable-cause dispute over a hold
Fresno; 9th Cir.
Hold imposed after the husband reported being "jumped on"; summary judgment for the officer on probable cause affirmed
Read the recordNieves: probable cause and a retaliation claim
US Supreme Court, Nieves v. Bartlett, 587 U.S. (2019)
Probable cause generally defeats a First Amendment retaliatory-arrest claim, with a narrow exception where similarly situated people not engaged in the speech are not arrested
Read the recordDahlia: a police whistleblower’s First Amendment claim
Burbank; 9th Cir. en banc 2013
Detective reported colleagues' abuse of suspects, was threatened, then placed on leave; en banc court overruled Huppert v. City of Pittsburg and held such disclosures can be citizen speech
Read the record