C.D.Cal.: DHS’s motion for summary judgment denied; L.A. Press Club states cause of action for excessive force against press

The L.A. Press Club’s suit against DHS for excessive force against the press corps can proceed and summary judgment for the defense is denied. “The Court rejects Defendants’ standing and First Amendment arguments for reasons similar to those already articulated in its PI and Stay Orders. The Court likewise rejects Defendants’ arguments regarding Plaintiffs’ excessive force claims. The Court finds that Plaintiffs have plausibly alleged at least some physically-incapacitating uses of force that may constitute unreasonable seizures under applicable Fourth Amendment jurisprudence, and others that ‘shock the conscience’ under the substantive due process test.” L.A. Press Club v. Noem, 2026 U.S. Dist. LEXIS 9983 (C.D. Cal. Jan. 8, 2026).

“[T]he Court concludes that Rinke had reasonable suspicion based on his observations of Rivers when he initially made contact. Rinke’s wholly credible testimony of (1) an ‘overbearing’ odor of perfume, which he judged to be a ‘masking smell,’ (2) Rivers’ slurred speech, and (3) her ‘glossy’ eyes provided reasonable suspicion of her intoxication.” United States v. Rivers, 2026 U.S. Dist. LEXIS 9161 (S.D. Ga. Jan. 16, 2026).*

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